Chappell v. Board of Trustees of Illinois Municipal Retirement Fund

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
2020 IL App (1st) 192255
Decision Date: 
Monday, August 31, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Reversed and remanded.
Justice: 
GRIFFIN

Plaintiff applied to purchase omitted service credit from Illinois Municipal Retirement Fund (IMRF) for period from 1986 to 2002, when he was executive director of a not-for-profit community center that worked under contract with Township. The IMRF made an interlocutory administrative determination not subject to the 35-day limitations period when it approved Plaintiff's omitted service credit application. Township's agent erroneously certified to IMRF that Plaintiff was a Township employee and eligible to participate. IMRF staff automatically accepted Township's certification and approved PLaintiff's application without hearing or testimony, and it was not a final administrative decision. Plaintiff had, as center's executive director, already decided that IMRF participation was cost prohibitive and declined it, yet proceed to seek IMRF pension benefits for himself after he became employed by Township. (PIERCE and WALKER, concurring.)