Levin v. Retirement Board of the County Employees’ & Officers' Annuity & Benefit Fund of Cook Co.

Illinois Appellate Court
Civil Court
Employee Benefits
Case Number: 
2019 IL App (1st) 181167
Decision Date: 
Monday, June 10, 2019
1st Dist.
Cook Co., 6th Div,
Reversed and remanded with directions.

Plaintiff was an assistant state's attorney in Cook County for 23 years, and then was executive director of Illinois Criminal Justice Information Authority for 6 years.Retirement Board of County Employees' Annuity and Benefit Fund erred in denying Plaintiff's request to purchase health insurance because her last employer was the State of Illinois and not Cook County.Plaintiff is an "annuitant", and under Illinois Constitution and Section 9-239 of Pension Code, she is entitled to seek health insurance provided by the Fund. Board exceeded its authority when it implemented the "last-employer" rule promulgated by Board. That rule is declared void and unenforceable. (CUNNINGHAM, concurring; CONNORS, dissenting.)