Grever v. Board of Trustees of the Illinois Municipal Retirement Fund

353 Ill. App. 3d 263, 288 Ill. Dec. 713
CourtAppellate Court of Illinois
DecidedNovember 4, 2004
Docket2-03-1238 Rel
StatusPublished
Cited by28 cases

This text of 353 Ill. App. 3d 263 (Grever v. Board of Trustees of the Illinois Municipal Retirement 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
Grever v. Board of Trustees of the Illinois Municipal Retirement Fund, 353 Ill. App. 3d 263, 288 Ill. Dec. 713 (Ill. Ct. App. 2004).

Opinion

PRESIDING JUSTICE O’MALLEY

delivered the opinion of the court:

Plaintiff, Robert L. Grever, appeals from the judgment of the circuit court of Lake County affirming a decision of the Board of Trustees (Board) of the Illinois Municipal Retirement Fund (Fund) disqualifying plaintiff from receiving benefits from the Fund because of felony convictions. We reverse and remand.

Plaintiff served as supervisor of Ela Township (Township) in Lake County (County) from 1981 to 2001. From 1990 to 2000, plaintiff was also a member of the Lake County Board and a commissioner for the Lake County Forest Preserve District (District). The Township, the County, and the District all participate in the Fund, which provides retirement and other benefits to their employees (including officers such as plaintiff). The Fund is governed by Article 7 of the Illinois Pension Code (Code) (40 ILCS 5/7 — 101 et seq. (West 2002)). However, in 2002, plaintiff was convicted of multiple counts of official misconduct (720 ILCS 5/33 — 3 (West 1998)), a Class 3 felony, in connection with the performance of his duties as Township supervisor. Thereafter, he received notice from the Fund of an administrative staff determination that the felony convictions disqualified him from receiving any further benefits from the Fund. Plaintiff unsuccessfully appealed the administrative staff decision to the Board, which issued a final decision disqualifying plaintiff from receiving any benefits from the Fund. He then filed a complaint seeking administrative review of the Board’s decision. The circuit court affirmed the Board’s decision, and this appeal followed.

We initially consider the appropriate standard of review. In an appeal from an administrative review proceeding, we review the decision of the agency, not the judgment of the trial court. Du Page County Board of Review v. Department of Revenue, 339 Ill. App. 3d 230, 235

(2003) . The findings and conclusions of an administrative agency on questions of fact are deemed prima facie true and correct and will not be disturbed on review unless they are against the manifest weight of the evidence. Trettenero v. Police Pension Fund, 333 Ill. App. 3d 792, 801 (2002). Here, however, the relevant facts are not really in dispute. Rather, this appeal raises an issue of statutory construction, which is a question of law. O’Callaghan v. Retirement Board of Firemen’s Annuity & Benefit Fund, 302 Ill. App. 3d 579, 582 (1998). “Illinois courts may defer to an administrative agency’s interpretations and enforcement of statutes because of the considerable experience and expertise it may have concerning the issues before it.” Rockwood Holding Co. v. Department of Revenue, 312 Ill. App. 3d 1120, 1123 (2000). However, an administrative agency’s interpretation of a statute is not binding on this court. O’Callaghan, 302 Ill. App. 3d at 582.

Turning to the merits, section 7 — 219 of the Code provides, “[n]one of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his service as an employee.” 40 ILCS 5/7 — 219 (West 2002). There is no dispute that plaintiffs felony convictions related to or arose out of or in connection with his service as an employee of the Township, and plaintiff concedes that he has forfeited the right to any benefits earned through service to the Township. The parties differ, however, on the extent of the forfeiture under section 7 — 219. Plaintiff contends that the forfeiture applies only to benefits earned from his service as an employee of the Township and that he is entitled to benefits accruing from his employment with the County and the District. The Board contends that the forfeiture applies to all benefits payable from the Fund regardless of the positions from which they were earned.

We find the recent First District case of Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 353 Ill. App. 3d 48 (2004) , to be directly on point. In Taddeo, the plaintiff, who had been convicted of a felony arising from his position as mayor of Melrose Park, was denied pensions from his employment with Melrose Park as well as from his employment as township supervisor for Proviso Township. Taddeo, 353 Ill. App. 3d at 49-50. After setting out the standard of review as we have above, the First District relied on case law interpreting pension disqualification statutes in holding that the plaintiff was entitled to pension benefits for his Proviso Township employment because there was no connection between the plaintiffs criminal wrongdoing and the performance of his Proviso Township employment. Taddeo, 353 Ill. App. 3d at 52-53, citing Devoney v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 199 Ill. 2d 414, 419 (2002); Siwek v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 324 Ill. App. 3d 820, 824 (2001); Cullen v. Retirement Board of the Policeman’s Annuity & Benefit Fund, 271 Ill. App. 3d 1105, 1109 (1995). We agree with the holding in Taddeo that there must be a nexus between an employee’s wrongdoing and his performance of his official duties in order for the employee’s pension to be forfeited. Because that nexus is lacking in regard to plaintiffs employment with the County and with the District, we hold that plaintiff is not disqualified from receiving benefits accruing from his employment with those entities.

Our holding is bolstered by our independent reading of the statute. The cardinal rule of statutory construction is that the court must ascertain and give effect to the intent of the legislature. In re Marriage of King, 208 Ill. 2d 332, 340 (2003). In doing so, the court should look first to the language of the statute, giving the terms their plain and ordinary meaning. King, 208 Ill. 2d at 340. In determining the legislature’s intent, the court should consider, in addition to the statutory language, the reason for the law, the problems to be remedied, and the objects and purposes sought. People v. Smith, 345 Ill. App. 3d 179, 185 (2004). Where the language is clear and unambiguous, the court must apply the statute without resort to further aids of statutory construction. Hall v. Henn, 208 Ill. 2d 325, 330 (2003).

The Board maintains that under the plain language of the statute, an employee convicted of a felony in connection with his or her employment is entitled to “none of the benefits” provided for under Article 7 of the Code. The Board reasons that the forfeiture here extends to benefits that plaintiff earned through service with the County and the District because such benefits are provided for under Article 7. We believe that the Board’s interpretation is overly literal. “[CJourts must avoid reading statutory language either too literally or too broadly, and must try to garner what the legislature intended.” Village of Lake Villa v. Bransley, 348 Ill. App. 3d 280, 284 (2004). A literal interpretation is not controlling where the spirit and intent of the General Assembly in enacting a statute are clearly expressed, its objects and purposes are clearly set forth, and a literal interpretation of a particular clause would defeat the obvious intent (In re Detention of Lieberman, 201 Ill.

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Bluebook (online)
353 Ill. App. 3d 263, 288 Ill. Dec. 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grever-v-board-of-trustees-of-the-illinois-municipal-retirement-fund-illappct-2004.