Smith v. The Board of Trustees of the Westchester Police Pension Board 

Illinois Appellate Court
Civil Court
Pensions
Citation
Case Number: 
No.1-09-0917
Decision Date: 
Wednesday, November 24, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed.
Justice: 
HOWSE
Police Pension Board found that a salary increase that plaintiff, a police chief, received before his retirement as a result of pay grade increase, merit pay increase, and holiday pay cannot be considered as salary for purposes of calculating his pension. Village passed its appropriation ordinance 11 days after chief retired, and appropriation ordinance contained in the record does not substantiate salary increase for police chief via line item for chief's salary; thus, Board properly used his salary from the prior ordinance and budget in calculating his pension, and excluded merit pay and holiday pay as they were not appropriated in ordinance. (FITZGERALD SMITH and TOOMIN, concurring.)