Vokac v. Berwyn Police Pension Fund

In an action for administrative review of a decision by the Board of Trustees of the Berwyn Police Pension Fund in which it awarded the plaintiff line-of-duty disability pension benefits, plaintiff argued that the board erred in its determination of the effective date for his benefits and in determining the amount of his benefit. Plaintiff argued that under the Pension Code he could not be found “suspended” from duty until the board determined, based on an assessment of three independent medical experts, that he was disabled and that his benefit should begin on the date that the board makes that determination. Plaintiff also contended that the board erred in rejecting his offer to purchase creditable service time. The appellate court affirmed the decision of the board and of the circuit court, finding that the board’s decision as to when pension payments should begin is a matter within the board’s discretion and that the date selected by the board was not clearly erroneous and that the board did not err in rejecting the request to purchase creditable service. (NAVARRO and OCASIO, concurring)