O’Connell v. Cook County

This case presents question as to whether trial court properly dismissed plaintiff-former employee’s action seeking re-instatement of his disability benefits, as well as continuation of defendant’s contributions to his pension fund, where both benefits were discontinued after his termination from workforce. Appellate Court, in reversing trial court, found that plaintiff’s complaint stated viable cause of action, since, although defendant could terminate plaintiff from workforce, instant pension board could not terminate plaintiff’s disability benefits solely because of said termination, and that defendant could not refuse to make required contributions to pension funds because of plaintiff’s termination. Moreover, Appellate Court noted that plaintiff was entitled to both benefits under Pension Code, even after his termination, because he was employed at time of his application for both benefits. In its petition for leave to appeal, defendant argued that Appellate Court’s ruling conflicts with Di Falco, 122 Ill.2d 22.