Gawryk v. Firemen's Annuity & Benefit Fund

824 N.E.2d 1102, 356 Ill. App. 3d 38, 291 Ill. Dec. 852
CourtAppellate Court of Illinois
DecidedFebruary 16, 2005
Docket1-04-0388
StatusPublished
Cited by16 cases

This text of 824 N.E.2d 1102 (Gawryk v. Firemen's Annuity & Benefit Fund) 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
Gawryk v. Firemen's Annuity & Benefit Fund, 824 N.E.2d 1102, 356 Ill. App. 3d 38, 291 Ill. Dec. 852 (Ill. Ct. App. 2005).

Opinion

JUSTICE HOFFMAN

delivered the opinion of the court:

The plaintiff, Fred Gawryk, individually, and on behalf of all others similarly situated, brought this action against the defendants, the Firemen’s Annuity and Benefit Fund of Chicago (Fund) and the members of the Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago (Retirement Board), seeking declaratory and injunctive relief after he was found ineligible to vote in an election for the office of the annuitant or pensioner member of the Retirement Board. On cross-motions for summary judgment, the circuit court granted judgment for the defendants on the basis that the plaintiff was not an “annuitant” eligible to vote for purposes of section 6 — 175 of the Illinois Pension Code (the Pension Code) (40 ILCS 5/6 — 175 (West 2000)). The plaintiff now appeals and, for the reasons that follow, we affirm.

The facts giving rise to this litigation are substantially undisputed. The plaintiff worked as a firefighter for the Chicago fire department for 20 years. During his employment, the plaintiff participated in the Fund, which operates under Article 6 of the Pension Code (40 ILCS 5/6 — 101 et seq. (West 2000)). Pursuant to the statute, the Retirement Board administers the provisions of Article 6 and is comprised of eight members, including an “annuitant of the fund or a fireman pensioner of any prior firemen’s pension fund in operation.” See 40 ILCS 5/6— 174 (West 2000).

On September 7, 1999, the plaintiff, at age 41, retired from his service as a firefighter. He is not, however, eligible to begin receiving retirement annuity payments until June 26, 2008, upon turning 50 years of age. See 40 ILCS 5/6 — 126 (West 2000). In July 2001, the Retirement Board announced that it would be holding an election to fill a vacancy in the office of the annuitant or pensioner member of the board. In a letter dated October 4, 2001, directed to the members of the Retirement Board, the plaintiff requested a ballot to vote in the upcoming election. He stated that, although he was not currently an active member or eligible to receive annuity payments until June 2008, he had a “vested interest” in the election by virtue of his participation in the Fund. The election commission chairman informed the plaintiff, by letter dated October 8, 2001, that he was ineligible to vote in the election because he was not currently a “pensioner or annuitant member,” as required by section 6 — 175 of the Pension Code (40 ILCS 5/6 — 175 (West 2000)).

The day after the election, the plaintiff, individually, and on behalf of all other retired Chicago firefighters similarly situated, filed a three-count class action complaint against the Fund and the members of the Retirement Board (defendants) seeking declaratory and injunctive relief. In count I of his complaint, the plaintiff alleged that, by denying his right to vote in the election, the defendants deprived him of his due process rights in violation of 42 U.S.C. § 1983 (2000). In count II, he alleged that the defendants breached their fiduciary duty by failing to ensure that the beneficiaries of the Fund were not being denied their rights and benefits, namely, their right to vote in an election. In count III, the plaintiff sought to “enjoin the defendants’ violation of section 175 of the Act.”

Also on October 17, 2001, the plaintiff filed an emergency motion seeking a temporary restraining order (TRO) enjoining the Fund from certifying the results of the election and the issuance of a preliminary injunction ordering the Fund to conduct a new election in which the plaintiff and all other class members would be allowed to vote. The circuit court denied the plaintiffs request for a TRO, and this court subsequently affirmed its decision. Gawryk v. Firemen’s Annuity & Benefit Fund, No. 1—01—3769 (2001) (unpublished order under Supreme Court Rule 23).

Thereafter, the parties filed cross-motions for summary judgment. The defendants argued in their motion that, at the time of the election, the plaintiff was not an “annuitant” for purposes of section 6 — 175 of the Pension Code and, therefore, had no right to vote in the election. The plaintiff, on the other hand, argued that he was an “annuitant” because he participated in the Fund and, having retired from his service as a fireman, was now a “vested member” in the Fund and entitled to receive annuity payments.

On January 9, 2004, the circuit court entered an order granting the defendants’ motion for summary judgment and denying the plaintiffs cross-motion. The court entered judgment on all counts of the complaint based on its finding that the plaintiff was not currently receiving or eligible to receive annuity payments and was, therefore, not an “annuitant” pursuant to section 6 — 175 of the Pension Code. We are now asked to consider this same question on appeal.

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file, when taken together in the light most favorable to the nonmovant, show that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 2000). Where the parties have filed cross-motions for summary judgment, they agree that no genuine issue as to any material fact exists and that only a question of law is involved, and they invite the court to decide the issues based on the record. Tri-State Coach Lines, Inc. v. Metropolitan Pier & Exposition Authority, 315 Ill. App. 3d 179, 189, 732 N.E.2d 1137 (2000). Our review of the circuit court’s ruling on a motion for summary judgment is de novo. Morris v. Margulis, 197 Ill. 2d 28, 35, 754 N.E.2d 314 (2001).

Article 6 of the Pension Code requires the creation of a firemen’s annuity and benefit fund in cities with populations greater than 500,000. 40 ILCS 5/6 — 101 (West 2000). Money in the fund is used to pay certain benefits, including retirement annuities, to persons who qualify under the statute. The board of trustees (Retirement Board) administers the provisions of Article 6 for the members of the fund (40 ILCS 5/6 — 174 (West 2000)) and is comprised of the following eight members: the city treasurer; the city comptroller; the city clerk; a deputy fire commissioner designated by the fire commissioner of the city; three firemen employed by the city; and, relevant for purposes of this appeal, an “annuitant of the fund or a fireman pensioner of any prior firemen’s pension fund in operation.” 40 ILCS 5/6 — 174 (West 2000).

Elections for the annuitant or pensioner member of the Retirement Board are held biennially. 40 ILCS 5/6 — 174(b) (West 2000).

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Bluebook (online)
824 N.E.2d 1102, 356 Ill. App. 3d 38, 291 Ill. Dec. 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gawryk-v-firemens-annuity-benefit-fund-illappct-2005.