Bell v. The Retirement Board of the Firemen’s Annuity and Benefit 

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
No. 1-09-0497
Decision Date: 
Friday, February 19, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed as modified.
Justice: 
TOOMIN
(Court opinion corrected 3/9/10.) Plaintiffs, widows of Chicago firefighters whose husbands died while on permanent disability from injuries sustained in line of duty, sought administrative review of Retirement Board decision denying retroactive benefits. Court properly found that Section 6-140 of Pension Code requires payment of benefits to widows retroactive to date of husbands' deaths. Circuit court properly awarded postjudgment interest at 9%, but improperly awarded prejudgment interest. Board's notice informing Plaintiffs of its adverse decision did not comply with procedural due process, because it advised Plaintiffs that it was not necessary for them to attend hearing and that they did not need an attorney; thus, notice did not trigger 35-day limit for filing for administrative review.