The Chicago Transit Authority terminated the pension benefits of plaintiff, a former employee, after learning he was also receiving pension benefits from Cook County and the State for the same years of service he used to qualify for the CTA’s Supplemental Retirement Plan. Plaintiff filed a petition seeking review of the CTA’s decision to terminate his pension benefits and both parties moved for summary judgment. The trial court first required the CTA to hold an evidentiary hearing. It then entered summary judgment in favor of the CTA by finding that the CTA had the authority to terminate plaintiff’s benefits, but also finding that the CTA violated plaintiff’s procedural due process rights by terminating his benefits without an evidentiary hearing and awarded plaintiff 19 months of retirement benefits and attorney’s fees and costs. The appellate court affirmed, but reversed the award of damages and attorney’s fees and costs because plaintiff’s damages were nominal.(PUCINSKI and COGHLAN, concurring)
Illinois Appellate Court
Civil Court
Employee Benefits