Prazen v. Shoop

Illinois Municipal Retirement Fund (IMRF) Board of Trustees has no authority, under the Illinois Pension Code, to determine that electrical corporation formed by City's superintendent of electrical department, just before he retired under State's early retirement incentive plan, was a guise to circumvent the forfeiture provisions of the Early Retirement Incentive (ERI) statute. Board had no authority to create a new condition for forfeiture, where ERI lists only two conditions for forfeiture and Plaintiff violated neither condition. (KILBRIDE, GARMAN, KARMEIER, and THEIS, concurring; FREEMAN and BURKE, dissenting.)