O’Connell v. County of Cook

Illinois Supreme Court
Civil Court
Employee Benefits
Citation
Case Number: 
2022 IL 127527
Decision Date: 
Thursday, May 19, 2022
Holding: 
Appellate court judgment affirmed, trial court judgment reversed.
Justice: 
OVERSTREET

Plaintiff filed a declaratory judgment action seeking mandamus relief against Cook County after the county terminated his employment and disability benefits seeking reinstatement of contributions to the Benefit Fund and his disability benefits. The circuit court dismissed plaintiff’s complaint and the appellate court reversed. The Supreme Court affirmed the appellate court, finding that “in most circumstances” a permanently disabled employee may enjoy an uninterrupted flow of benefits from the time their application for ordinary disability benefits is granted until conversion to a disability pension or the employee’s death and that the county improperly ceased his benefits when it terminated his employment. (ANNE M. BURKE, GARMAN, THEIS, NEVILLE, MICHAEL J. BURKE and CARTER, concurring)