Plaintiff retirement plan, a pension fund, manages benefits for CTA retirees and their dependents. Plaintiff and CTA agreed that fund would pay CTA for the "actual cost" of retirees' prescriptions. Plaintiff contends CTA breached that agreement by retaining rebates the CTA received from its prescription drug provider (Caremark). Court properly granted summary judgment on its contract claims based on statute of limitations and its finding that the parties did not have a fiduciary relationship was not against manifest weight of evidence. Under discovery rule, statute of limitations began to run when Plaintiff learned it had not been credited for the rebates. Claims which accrued more than 5 years before Plaintiff filed its complaint are barred. Plaintiff failed to show that the CTA was acting as its agent in negotiating with Caremark or had sufficient dominance over it to create a fiduciary relationship.(GRIFFIN and WALKER, concurring.)
Illinois Appellate Court
Civil Court
Employee Benefits