Sartwell v. Board of Trustees of the Teachers’ Retirement System 

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
No. 4-09-0810
Decision Date: 
Thursday, August 12, 2010
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed in part and reversed in part; remanded with directions.
Justice: 
McCULLOUGH
Board of Trustees of Teachers' Retirement System denied former superintendent and principal $12,430 in salary credit toward his retirement pension for conversion of noncreditable fringe benefits into salary in three school year periods; circuit court affirmed judgment. A change in the employment status of a member's spouse falls within the definition of "change in family status" of Section 1650.450(c)(6) of Illinois Administrative Code. Member's wife took a new job with a health care clinic with health insurance available at a lower cost than the school board could offer, and school board increased his salary to reimburse him for that $4930 cost of health insurance for one school year. That change in the member's wife's employment rebutted the presumption of conversion. This amount should have been included in calculation of member's final average salary.(POPE, concurring; MYERSCOUGH, specially concurring in part and dissenting in part.)