Levin v. Retirement Board of the County Employees’ & Officers’ Annuity & Benefit Fund

Plaintiff pursued an administrative review case concerning the denial of her application to purchase retiree health insurance through the Cook County fund. While the case was on appeal with the Illinois Supreme Court having dismissed the Board’s appeal, but before the mandate was issued by the appellate court, plaintiff filed a motion to certify a class of fund annuitants. The circuit court granted the Board’s motion to strike and to dismiss the case for want of jurisdiction. Plaintiff argued on appeal that the circuit court erred because it was revested with jurisdiction by the mandate of the supreme court and retained jurisdiction until final disposition. The appellate court affirmed the circuit court’s order of dismissal, finding that the appellate court had remanded the case to the Board to enter an order consistent with its order and, while the mandate was filed in the circuit court, the appellate court did not remand the case to that court so that the circuit court no longer retained jurisdiction. (PIERCE and MIKVA, concurring)