Robbins v. County Employees’ & Officers’ Annuity & Benefit Fund

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2021 IL App (1st) 192142
Decision Date: 
Wednesday, June 30, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
ELLIS

Cook County employee pensions are governed by article 9 of the Pension Code, and pensioners are entitled to automatic annual cost-of-living adjustments (COLAs). Section 9-134 of the Pension Code specifies that the start date of the annuity is the critical point for calculating the annuity and any age reduction. Plaintiff retired 4 days before her 60th birthday. Plaintiff chose the "minimum annuity" formula for calculation of her annuity benefit, under section 9-134, which is pegged to the age of the employee on the date the annuity is to begin. For section 9-134 annuities, the date the employee chooses to start drawing her annuity is the operative date for being "on annuity" under section 9-133(a). Plaintiff was 60 when she her annuity "began", and thus no age reduction was warranted. Her first COLA was due just under 2 years later, according to the first paragraph of section 9-133(a) of the Pension Code.(HOWSE and McBRIDE, concurring.)