MEABF Participants v. Municipal Employees’ Annuity and Benefit Fund of Chicago

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2018 IL App (1st) 170732
Decision Date: 
Wednesday, December 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

After Illinois Supreme Court ruled, in Jones v. MEABF, that Pension Code amendments violated Illinois Constitution's pension protection clause, Plaintiffs' counsel in one of the consolidated cases petitioned for attorneys' fees. Court properly denied attorneys' fees because issues raised by lawsuits have no relation or connection to the Civil Rights Act, under which counsel was claiming fees. The Civil Rights Act cannot serve as a means for awarding attorneys' fees as Plaintiffs in the Jones case were not aggrieved parties suing under the Illinois Constitution on the subject of discrimination based on race, color, national origin, or gender. Pension Code bars garnishing the plan participants' pension entitlements for any purpose.(MASON and LAVIN, concurring.)