Johnson v. Municipal Employees’, Officers’, & Officials’ Annuity & Benefit Fund of Chicago

Illinois Appellate Court
Civil Court
Pension Code
Citation
Case Number: 
2018 IL App (1st) 170732
Decision Date: 
Wednesday, December 26, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed.
Justice: 
HYMAN

(Modified upon denial of rehearing 2/19/19.) Illinois Supreme Court ruled that Pension Code amendments violated Illinois constitution's pension protection clause. Plaintiffs' counsel in one of the consolidated cases petitioned for attorney's fees, seeking over $200,000 under Illinois Civil Rights Act and an additional $750,000 from a "common fund". Court properly denied fee petition as impermissible under Pension Code, as issues raised by lawsuits (in Jones v. MEABF case) have no relation or connection to the Civil Rights Act, and Plaintiffs in those cases were not aggrieved parties suing under Illinois Constitution on subject of discrimination based on race, color, national origin, or gender. Pension Code bars garnishing plan participants' pention entitlements for any purpose.(MASON and LAVIN, concurring.)