Vargas v. Town of Cicero Police Pension Fund

Illinois Appellate Court
Civil Court
Illinois Pension Code
Citation
Case Number: 
2022 IL App (1st) 220026
Decision Date: 
Thursday, December 8, 2022
District: 
1st Dist.
Division/County: 
1st Div./Cook Co.
Holding: 
Affirmed.
Justice: 
ROCHFORD

Plaintiff appealed from the order of the circuit court that confirmed the decision of the Board of Trustees of the Cicero Police Pension Fund denying her application for a surviving spouse’s pension under sections 3-112(e) and 3-114.3 of the Illinois Pension Code based on the death of her husband, who was a Cicero police officer. The appellate court affirmed, finding that the Board’s decision was not against the manifest weight of the evidence when it concluded, despite conflicting medical testimony, that plaintiff’s husband’s fatal heart attack was unrelated to any performance of an act of duty and that no act of duty aggravated or exacerbated his preexisting cardiovascular disease. (LAMPKIN and HOFFMAN, concurring)