Houlihan v. City of Chicago

714 N.E.2d 569, 306 Ill. App. 3d 589
CourtAppellate Court of Illinois
DecidedJune 30, 1999
DocketNo. 1-97-1514
StatusPublished
Cited by3 cases

This text of 714 N.E.2d 569 (Houlihan v. City of Chicago) 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
Houlihan v. City of Chicago, 714 N.E.2d 569, 306 Ill. App. 3d 589 (Ill. Ct. App. 1999).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

Participants in the City of Chicago’s (the City) municipal employees’ pension funds brought this suit as a derivative and class action against the City of Chicago, alleging that the City failed to comply with the requirements of the Illinois Pension Code (the Pension Code) (40 ILCS 5/1 — 101 et seq. (West 1996)) by not paying interest on money collected for the City’s municipal pension funds. The City filed a motion to dismiss plaintiffs’ second amended complaint pursuant to sections 2 — 615 and 2 — 619 of the Illinois Code of Civil Procedure (the Code of Civil Procedure). 735 ILCS 5/2 — 615, 2 — 619 (West 1996). The circuit court granted the City’s motion and dismissed the first three counts of plaintiffs’ complaint with prejudice on January 10, 1997.

Plaintiffs now seek review of the circuit court’s order dismissing the complaint. On appeal they raise the following issues: (1) whether the Illinois Pension Code requires the City to pay “improvement interest” into municipal pension funds; (2) whether plaintiffs have a contractual right under the Illinois Constitution of 1970 to have the City pay interest into the funds; (3) whether the City must exercise its home rule powers to pay interest into the pension funds; and (4) whether the Local Governmental and Governmental Employees Tort Immunity Act (the Immunity Act) (745 ILCS 10/2 — 101 et seq. (West 1994)) bars the plaintiffs from obtaining damages for underpayment to the pension funds.

I. BACKGROUND

The five pension funds at issue in the instant case are: (1) the Municipal Employees’, Officers’ and Officials’ Annuity and Benefit Fund (Municipal Fund) (40 ILCS 5/8 — 173 (West. 1996)); (2) the Policemen’s Annuity and Benefit Fund (Policemen’s Fund) (40 ILCS 5/5 — 168 (West 1996)); (3) the Firemen’s Annuity and Benefit Fund (Firemen’s Fund) (40 ILCS 5/6 — 173 (West 1996)); (4) the Laborers’ and Retirement Board Employees’ Annuity and Benefit Fund (Laborers’ Fund) (40 ILCS 5/11 — 169 (West 1996)); and (5) the Park Employees’ and Retirement Board Employees’ Annuity and Benefit Fund (Park Fund) (40 ILCS 5/12 — 152 (West 1996)). All of the funds are financed by a combination of employee contributions deducted from salary, employer contributions made by the City, and' investment earnings on the contributions. When an employee contributes to a fund, the City enters a credit to the employee’s specific pension account in an amount certified by the pension board as the City’s contribution. The City then levies a special property tax to finance its employer contributions to each of the pension funds. The amount of the special levy varies for each year and for each pension fund, but does not exceed employee contributions multiplied by a fixed statutory multiplier. However, due to the procedure for levying and collecting property taxes, the City actually makes its annual employer contribution two years in arrears.

The plaintiffs, as participants in four of the City’s five pension funds, filed this suit as both a derivative and class action on behalf of the participants in all five of the City’s funds to recover “improvement interest” allegedly owed to the funds for the delay in the City’s contribution. The plaintiffs’ second amended complaint alleged that the City must conduct an accounting, that the City breached its fiduciary duty to the pension funds, that the City breached its contract with the funds, and that the funds’ trustees must comply with the Illinois Freedom of Information Act (5 ILCS 140/2(a) (West 1996)).1

The City filed a motion to dismiss pursuant to sections 2 — 615 and 2 — 619 of the Code of Civil Procedure on March 14, 1996. 735 ILCS 5/2 — 615, 2 — 619 (West 1996). In an order filed on January 10, 1997, the circuit court granted the City’s motion and dismissed the first three counts of plaintiffs’ complaint with prejudice. The circuit court first found that the Pension Code provides that monies contributed to the pension funds, including interest, are to be taken solely from the tax levy, and the pension funds at issue have requested and received the maximum allowable levy. Next, the court determined that the financing provisions of the Pension Code have not been rendered invalid by the adoption of home rule in Illinois because “the home rule provision in the Illinois Constitution is permissive” and, furthermore, the City has immunity from liability for an “injury caused by adopting or failing to adopt an enactment or by failing to enforce any law.” See 745 ILCS 10/2 — 103 (West 1994). Finally, the court found that the City has not breached its contract with the plaintiffs in violation of the Illinois Constitution of 1970 because benefits due to fund participants were not “diminished or impaired.” Ill. Const. 1970, art. XIII, § 5.

II. ANALYSIS

When determining the legal sufficiency of a complaint under section 2 — 615 of the Code of Civil Procedure, all well-pleaded facts are taken as true and all reasonable inferences from those facts are drawn in favor of the plaintiff. 735 ILCS 5/2 — 615 (West 1996); Connick v. Suzuki Motor Co., 174 Ill. 2d 482, 490 (1996). A reviewing court must then determine whether the allegations in a complaint, when viewed in a light most favorable to the plaintiff, are sufficient to state a cause of action upon which relief can be granted. People ex rel. Sklodowski v. State of Illinois, 182 Ill. 2d 220, 227-28 (1998). Similarly, when reviewing a motion to dismiss based on an affirmative defense under section 2 — 619 of the Code of Civil Procedure, this court may consider the parties’ pleadings for defenses or defects that negate a plaintiffs cause of action or refute conclusions of law. 735 ILCS 5/2—619 (West 1996); Spillyards v. Abboud, 278 Ill. App. 3d 663, 668 (1996). Thus, we review the dismissal of the plaintiffs’ second amended complaint de novo. Toombs v. City of Champaign, 245 Ill. App. 3d 580 (1993).

A. THE ILLINOIS PENSION CODE

The plaintiffs first maintain that the circuit court erred in granting the City’s motion to dismiss because the Pension Code requires that the City pay interest accrued on any contributions made after an employee contributes paycheck withholdings. Specifically, plaintiffs point to the following language in the Pension Code:

“If it is not possible or practicable for the city to make its contributions at the time that salary deductions are made, the city shall make such contributions as soon as possible thereafter, with interest thereon to the time it is made.” 40 ILCS 5/5 — 168 (West 1996)2

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Bluebook (online)
714 N.E.2d 569, 306 Ill. App. 3d 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houlihan-v-city-of-chicago-illappct-1999.