Frisby v. Village of Bolingbrook Firefighters’ Pension Fund

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
2018 IL App (2d) 180218
Decision Date: 
Monday, December 31, 2018
District: 
2d Dist.
Division/County: 
Du Page Co.
Holding: 
Reversed.
Justice: 
JORGENSEN

Plaintiff firefighter fell on ice in parking lot when exiting her car to report for work at fire station (20 minutes prior to shift start time). Pension Fund Board denied request for line-of-duty pension but granted request for not-on-duty pension. Court reversed, finding that Plaintiff was entitled to line-of-duty benefits. Board properly found that Plaintiff was not performing an "act of duty" as defined by Pension Code, even though Village Superintendent of Public Safety had recently told firefighters, via e-mail: "If you're not early--you're late. I appreciate you looking out for each other at shift changes." Plaintiff was not yet on duty, and no ordinance, rule, or regulation imposed on Plaintiff the act of exiting her vehicle in parking lot. (BURKE and HUDSON, concurring.)