Illinois Appellate Court
Civil Court
Dissolution of Marriage
In dissolution proceeding, marital settlement agreement (MSA) provided that parties would split the marital portion of husband's pension from fireman's fund equally. Husband was later injured while on active duty as a city firefighter and began collecting disability benefits under fireman's fund. Marital settlement agreement is unambiguous, and parties intended that wife receive a portion of husband's fireman's annuity upon his retirement but not of his duty disability benefits taken prior to his retirement. Husband's retirement benefits are governed by Article 6 of Pension Code, which is incorporated into MSA and which distinguishes between annuities and disability benefits.(LAMPKIN and ROCHFORD, concurring.)