Hooker v. Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago

(Court opinion modified upon denial of rehearing 7/18/12.) Widows of firefighters sought declaratory judgment that Firemen's Retirement Board must include duty availability pay (DAP) in current salary attached to applicable positions to calculate widows' annuities under Section 6-140 of Illinois Pension Code. Section 6-111 of Code requires inclusion of DAP in current salary attached to all firefighter positions to calculate annuities under Section 6-140. Widows showed that proposed class meets all four statutory criteria for class certification. Board made systematic miscalculation of benefits by excluding DAP, and class action is efficient vehicle to resolve common question of amount of widows' annuities. (STEELE and SALONE, concurring.)