Board of Trustees of the City of Harvey Firefighters’ Pension Fund v. City of Harvey

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2017 IL App (1st) 153074
Decision Date: 
Friday, August 4, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
GORDON

City Firefighters' Pension Fund sued City, alleging that City underfunded Pension Fund and breached a 1996 settlement agreement in which City agreed to make certain contributions to Pension Fund. City violated Pension Fund's statutory rights, and City did violate the 1007 settlement agreement. Court correctly calculated Pension Fund's damages as $11.56 million, which is accumulation of damages from 2005 through 2014. Court correctly rejected City's affirmative defenses of separation of powers and laches. Pension Fund is on verge of default due to City's blatant disregard of Pension Fund for many years and City's severe lack of financial responsibility. (REYES, concurring; LAMPKIN, specially concurring.)