Claxton v. Board of Trustees of the City of Alton Firefighters’ Pension Fund

Illinois Appellate Court
Civil Court
Pension Benefits
Citation
Case Number: 
2023 IL App (5th) 220200
Decision Date: 
Thursday, March 9, 2023
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Judgment vacated.
Justice: 
VAUGHAN

Defendants appealed from a circuit court order reversing their order denying surviving spouse firefighter pension benefits to the plaintiff. The appellate court vacated the circuit court order and affirmed the decision of the pension board, concluding that the petitioner had no vested right in pension benefits because she was not the spouse of the decedent at the time of his death and could only become a surviving spouse if the dissolution of marriage order was set aside. (CATES and MOORE, concurring)