Board of Trustees v. Kusper

391 N.E.2d 66, 72 Ill. App. 3d 653, 28 Ill. Dec. 867, 1979 Ill. App. LEXIS 2672
CourtAppellate Court of Illinois
DecidedMay 21, 1979
DocketNo. 78-1609
StatusPublished
Cited by1 cases

This text of 391 N.E.2d 66 (Board of Trustees v. Kusper) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Trustees v. Kusper, 391 N.E.2d 66, 72 Ill. App. 3d 653, 28 Ill. Dec. 867, 1979 Ill. App. LEXIS 2672 (Ill. Ct. App. 1979).

Opinion

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

The Board of Trustees of the Public School Teachers’ Pension and Retirement Fund of Chicago (plaintiff), filed a complaint for declaratory judgment against Stanley T. Kusper, Jr., in his capacity of county clerk of Cook County, Illinois (defendant). Plaintiff sought a declaration of right construing certain provisions of the Pension Code of Illinois so as to require defendant to include a loss and cost of collection factor when extending general taxes on real property in connection with the levy for the fund administered by plaintiff. After full hearing the trial court entered judgment requiring the defendant to add a reasonable amount for the loss and cost of collection to the tax levy “beginning in the 1977 tax year and continuing each year thereafter unless changed by statute.” Defendant has appealed.

In this court defendant urges that the Pension Code does not require the county clerk to include a loss and cost of collection factor in the computation of the annual levy. Defendant relies upon what it considers the plain meaning of the pertinent statute; the need to render each word of the statute meaningful and the fact that other statutory enactments in pari materia do not provide allowance for loss and cost of collection. In response, plaintiff urges that the plain meaning of the statute does in fact require addition of the loss and cost of collection factor; in other similar statutes the legislature has expressly excluded this loss and cost factor; the taxing bodies and the defendant have legal authority to include the factor and public policy favors the position of the plaintiff.

There is no factual dispute in this record. Plaintiff filed a motion for judgment on the pleadings or alternatively for summary judgment. Defendant filed a motion for judgment on the pleadings.

The necessary financing of the pension fund operated by plaintiff is derived from member contributions and from general taxes levied upon all taxable property in the City of Chicago. Prior to October 1, 1975, the pertinent statute required that the city council should levy a tax for the pension fund which would equal a specified amount. Effective October 1, 1975, the legislature amended this provision to provide for a variable levy geared to the total amount of member contributions to the pension fund during various years. Since the statute as thus amended is at the heart of the controversy before us, it is well to note its precise terms, as follows (Ill. Rev. Stat. 1975, ch. 108%, par. 17 — 128):

“* * ° the Board of Education shall demand and direct, and the City Council shall levy a tax annually at a rate on the dollar of the value, as equalized or assessed by the Department of Local Government Affairs, of all taxable property in the City, which, when extended, will produce the following sums: for the fiscal and school year 1976 an amount equal to .85 times the total amount of member contributions during the fiscal and school year 1974; for the fiscal and school year 1977 an amount equal to .90 times the total amount of member contributions during the fiscal and school year 1975; for the fiscal and school year 1978 an amount equal to .95 times the total amount of member contributions during the fiscal and school year 1976; and for the fiscal and school year 1979 and each year thereafter, an amount equal to the amount of member contributions during the fiscal and school year 2 years prior to the year for which the annual applicable tax is levied.”

It is undisputed that, following the effective date of this statute, as part of the 1975 general tax levy, the defendant included a loss and cost of collection factor of 13 percent. The issue before us pertains to the tax levy for 1977. The defendant refused to include the loss and cost of collection factor in the computation of that tax levy.

Defendant first contends that the important aspect of the above statute is its use of the word “extended.” Both of the parties agree that the process of extension is simply a matter of mechanical arithmetic. The computation starts with the dollar value of all taxable property which is multiplied by the tax rate. The result should be, assuming correctness of the rate, a figure equivalent to 90 percent of the pension contributions to the fund by the participants therein for the year in question. The dollar value could be referred to as the multiplicand and the tax rate as the multiplier with the process of multiplication yielding a product precisely as in the case of an arithmetical exercise in a school book.

Defendant supports this argument by reference to the cases which hold expressly that “[t]he language of a statute must be given its plain and ordinary meaning.” (Franzese v. Trinko (1977), 66 Ill. 2d 136, 139, 361 N.E.2d 585.) This rule has also been stated to the effect that the words of a statute should be given “their ordinary and popularly understood meaning.” General Motors Corp. v. Industrial Com. (1975), 62 Ill. 2d 106, 112, 338 N.E.2d 561.

In response, plaintiff takes the position that the word “extended” is simply descriptive of the mathematical process of extension and therefore is of no assistance in determining the legislative intent. This contention, however, parallels the mental process of defendant by placing complete emphasis upon the use of the words “will produce” in the statute. Plaintiff contends that the verb “produce” as used in the statute means to yield or generate. Plaintiff cites a Kentucky case to the effect that “a tax is not produced until it is levied and collected.” Board of Education v. Sea (1916), 167 Ky. 772, 781, 181 S.W. 670.

We are not convinced that each side of this difference of opinion is entirely correct. We find the solution of the problem is best obtained by relying upon all of the language of the statute in this regard. The statute provides that the tax “when extended, will produce” an amount equal to .90 multiplied by the total member contributions to the fund during 1977. We cannot ascertain the true meaning of this statute by treating any portion thereof as useless surplusage. The courts of Illinois have repeatedly restated “ ‘the fundamental rule that each word, clause or sentence must, if possible, be given some reasonable meaning.’ ” (People v. Avery (1977), 67 Ill. 2d 182, 190, 367 N.E.2d 79, quoting Hirschfield v. Barrett (1968), 40 Ill. 2d 224, 239 N.E.2d 831, cert. denied (1969), 393 U.S. 1062, 21 L. Ed. 2d 706, 89 S. Ct. 716.) As otherwise stated, “ ‘[a] statute should be so construed, if possible, that no word, clause or sentence is rendered meaningless or superfluous.’ ” People v. Lofton (1977), 69 Ill. 2d 67, 72, 370 N.E.2d 517, quoting People ex rel. Barrett v. Barrett (1964), 31 Ill. 2d 360, 364-65, 201 N.E.2d 849.

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391 N.E.2d 66, 72 Ill. App. 3d 653, 28 Ill. Dec. 867, 1979 Ill. App. LEXIS 2672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-v-kusper-illappct-1979.