Harroun v. Addison Police Pension Board

865 N.E.2d 273, 372 Ill. App. 3d 260, 309 Ill. Dec. 910, 2007 Ill. App. LEXIS 290
CourtAppellate Court of Illinois
DecidedMarch 21, 2007
Docket2-06-0431
StatusPublished
Cited by22 cases

This text of 865 N.E.2d 273 (Harroun v. Addison Police Pension Board) 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.

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Harroun v. Addison Police Pension Board, 865 N.E.2d 273, 372 Ill. App. 3d 260, 309 Ill. Dec. 910, 2007 Ill. App. LEXIS 290 (Ill. Ct. App. 2007).

Opinion

JUSTICE CALLUM

delivered the opinion of the court:

Defendant, the Addison Police Pension Board (Board), appeals from an order of the circuit court of Du Page County reversing the Board’s decision to deny the application of plaintiff, Douglas Harroun, for a line-of-duty disability pension. Instead, the Board had awarded plaintiff a nonduty pension. We affirm.

In December 2001, plaintiff was employed by the Village of Addison as a police officer. On December 9, 2001, at about 9 a.m., plaintiff was off duty and was at his home, which was located in Bloomingdale. At that time, plaintiff observed an individual, later identified as Ryan Hanses, apparently trying to break into plaintiffs neighbor’s home. Plaintiff contacted the Bloomingdale police and attempted to apprehend Hanses. In doing so, plaintiff suffered serious injuries and, as a result, he became disabled from performing his duties as a police officer. The Board concluded that plaintiff was entitled to a disability pension based on his injuries. However, the Board concluded that because plaintiff sustained his injuries while he was not on duty and was outside of Addison’s corporate limits, he was not entitled to a line-of-duty pension.

Plaintiff filed a complaint for administrative review, and the trial court granted the Du Page County Mayors and Managers Conference leave to intervene as amicus curiae. As noted, the trial court entered judgment for plaintiff, finding that he was entitled to a line-of-duty disability pension. This appeal followed. With leave of this court, the Du Page County Mayors and Managers Conference and the West Central Municipal Conference have filed a joint brief, as amici curiae, in support of the Board.

On appeal from the judgment in an administrative review proceeding, the appellate court reviews the administrative agency’s decision, not the trial court’s. Dowrick v. Village of Downers Grove, 362 Ill. App. 3d 512, 515 (2005). Rulings of law are reviewed de novo, but the agency’s findings of fact will be upheld unless against the manifest weight of the evidence. Dowrick, 362 Ill. App. 3d at 515. An intermediate standard of review applies to mixed questions of law and fact. Dowrick, 362 Ill. App. 3d at 515. As this court has observed:

“A mixed question exists where the historical facts are admitted or established, the rule of law is undisputed, and the only issue is whether the facts satisfy the settled statutory standard. [Citation.] The agency’s decision will be upheld unless it is clearly erroneous — that is, unless the reviewing court is left with a definite and firm conviction that a mistake has been committed.” Dowrick, 362 Ill. App. 3d at 515.

Section 3—114.1(a) of the Illinois Pension Code (Code) provides, in pertinent part:

“(a) If a police officer as the result of sickness, accident or injury incurred in or resulting from the performance of an act of duty, is found to be physically or mentally disabled for service in the police department, so as to render necessary his or her suspension or retirement from the police service, the police officer shall be entitled to a disability retirement pension equal to *** 65% of the salary attached to the rank on the police force held by the officer at the date of suspension of duty or retirement ***.
A police officer shall be considered ‘on duty’ while on any assignment approved by the chief of the police department of the municipality he or she serves, whether the assignment is within or outside the municipality.” 40 ILCS 5/3—114.1(a) (West 2000).

In contrast, a police officer who becomes disabled as a result of any cause other than an act of duty is entitled to a pension equal to 50% of the salary attached to the officer’s rank at the date of suspension of duty or retirement. 40 ILCS 5/3—114.2 (West 2000). Section 3—114.1(a) does not define the term “act of duty.” For purposes of this provision, it is well established that the definition of “act of duty” set forth in section 5—113 of the Code (40 ILCS 5/5—113 (West 2000)) applies. See, e.g., Alm v. Lincolnshire Police Pension Board, 352 Ill. App. 3d 595, 598 (2004). Section 5— 13 defines “act of duty” as “[a]ny act of police duty inherently involving special risk, not ordinarily assumed by a citizen in the ordinary walks of life, imposed on a policeman by the statutes of this State or by the ordinances or police regulations of the city in which this Article is in effect or by a special assignment; or any act of heroism performed in the city having for its direct purpose the saving of the life or property of a person other than the policeman.” 40 ILCS 5/5—113 (West 2000).

The Board argues that under section 3—114.1(a) a police officer must be “on duty” to receive a line-of-duty disability pension. According to the Board, when plaintiff was injured, he was not acting pursuant to an assignment approved by the chief of police and consequently was not on duty. Plaintiff responds that the second paragraph of section 3—114.1(a) is not a limitation on the scope of an “act of duty.” According to plaintiff, that paragraph serves to clarify that assignments approved by the chief of police are within the scope of section 3—114.1(a), regardless of the location of the assignment. The Board maintains that this appeal raises a mixed question of law and fact. However, the parties’ dispute hinges on the meaning of the applicable statutes. The interpretation of a statute presents a question of law subject to de novo review. DeLuna v. Burciaga, 223 Ill. 2d 49, 59 (2006).

In interpreting a statute, this court’s primary objective is to determine and give effect to the intent of the legislature, the best indicator of which is the language of the statute. In re Marriage of Golden, 358 Ill. App. 3d 464, 472 (2005). When the language used in the statute is clear and unambiguous, it ordinarily must be given effect as written. Golden, 358 Ill. App. 3d at 472. It has been stated that “[i]t is never proper for a court to depart from plain language by reading into the statute exceptions, limitations, or conditions which conflict with the clearly expressed legislative intent.” People v. Hari, 218 Ill. 2d 275, 292 (2006). “Statutes should be construed, if possible, so that no term is rendered superfluous or meaningless.” Bonaguro v. County Officers Electoral Board, 158 Ill. 2d 391, 397 (1994). Pension statutes are to be liberally construed in favor of the pensioner. Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 216 Ill. 2d 590, 596 (2005).

Contrary to the Board’s argument, section 3—114.1(a) does not specifically or categorically provide that a police officer must necessarily suffer an injury while “on duty” in order to receive a line-of-duty disability pension.

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865 N.E.2d 273, 372 Ill. App. 3d 260, 309 Ill. Dec. 910, 2007 Ill. App. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harroun-v-addison-police-pension-board-illappct-2007.