Rutka v. The Board of Trustees of the Cicero Police Pension Board 

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
No. 1-10-0298
Decision Date: 
Wednesday, November 24, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
NEVILLE
Police officer, in January 2005, requested that Pension Board recalculate his pension benefits and years of creditable service, and 17 days later asked Board to reconsider its decision denying request. Board properly denied requests because no circcuit court complaint was filed within days of Board's prior final decision entered in 1999. Board thus lacked jurisdiction in 2005 to modify its prior final decision of 1999. The 1999 decision was final, as it was definitive action which affected officer's legal rights when he was awarded and received pension benefits based on 25 years of service and the decision terminated the proceedings before the Board. (QUINN and STEELE, concurring.)