Village of Roselle v. Roselle Police Pension Board

889 N.E.2d 665, 382 Ill. App. 3d 1077, 321 Ill. Dec. 400, 2008 Ill. App. LEXIS 470
CourtAppellate Court of Illinois
DecidedMay 19, 2008
Docket2-07-0354
StatusPublished
Cited by9 cases

This text of 889 N.E.2d 665 (Village of Roselle v. Roselle 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.

Bluebook
Village of Roselle v. Roselle Police Pension Board, 889 N.E.2d 665, 382 Ill. App. 3d 1077, 321 Ill. Dec. 400, 2008 Ill. App. LEXIS 470 (Ill. Ct. App. 2008).

Opinion

JUSTICE BYRNE

delivered the opinion of the court:

Plaintiff, the Village of Roselle (the Village), filed the instant complaint for administrative review. Defendant the Roselle Police Pension Board (the Board) appeals the trial court’s decision reversing the Board’s grant of 3% cost-of-living increases on the surviving spouse pension of defendant Bonnie Gurke, widow of Charles William Gurke, Jr., a police officer who had received cost-of-living increases on his original pension pursuant to section 3 — 111.1(c) of the Illinois Pension Code (Pension Code) (40 ILCS 5/3 — 111.1(c) (West 2004)). For the following reasons, we affirm the decision of the trial court.

BACKGROUND

The following facts are not disputed. Bonnie is the surviving spouse of Charles, a Roselle police officer, who died on November 21, 2005. Prior to his death, Charles received from the Roselle Police Pension Fund a line-of-duty disability pension pursuant to section 3 — 114.1(b) of the Pension Code (40 ILCS 5/3 — 114.1(b) (West 2004)). Section 3 — 114.1(b) provides:

“(b) If a police officer on disability pension dies while still disabled, the disability pension shall continue to be paid to his or her survivors in the sequence provided in Section 3 — 112.” 40 ILCS 5/3 — 114.1(b) (West 2004).

Charles did not apply for cost-of-living increases pursuant to section 3 — 114.1(d). However, upon attaining age 60, Charles received annual cost-of-living increases pursuant to section 3 — 111.1(c) of the Pension Code (40 ILCS 5/3 — 111.1(c) (West 2004)). Section 3 — 111.1(c) provides:

“(c) The monthly pension of a police officer who retires on disability or is retired for disability shall be increased in January of the year following the year of attaining age 60, by 3% of the original grant of pension for each year he or she received pension payments. In each January thereafter, the police officer shall receive an additional increase of 3% of the original pension.” 40 ILCS 5/3 — 111.1(c) (West 2004).

The Board awarded Bonnie a surviving spouse pension. Section 3 — 112(a), which provides for surviving spouse benefits, states in relevant part:

“(a) Upon the death of a police officer entitled to a pension under Section 3 — 111 [Pensions], the surviving spouse shall be entitled to the pension to which the police officer was then entitled.” 40 ILCS 5/3 — 112(a) (West 2004).

An issue arose concerning whether a surviving spouse is entitled to cost-of-living increases under sections 3 — 111.1 and 3 — 112 of the Pension Code (40 ILCS 5/3 — 111.1, 3 — 112 (West 2004)). As a result, the Board continued the proceedings to allow the Village to intervene. The Board sent Bonnie notice of a hearing, but she did not appear.

The Village argued that the word “then” in section 3 — 112(a) is unambiguous and that under its plain and ordinary meaning it should be understood to mean that a survivor’s pension is fixed at the time of the police officer’s death. The Village pointed out that section 3 — 114.1(d) (40 ILCS 5/3 — 114.1(d) (West 2004)) provides that, upon the death of the police officer, the annuity payable to survivors shall include annual increases previously received, but that “no additional increases shall accrue.” The Village asserted that, although Charles did not receive annual increases under section 114.1(d), this section, like section 3 — 112(a), depicted the legislature’s intent to fix the survivor’s pension at the time of the police officer’s death. The Village asserted that none of the statutes under Article 3 of the Pension Code gave the Board the authority to grant survivors continuing annual cost-of-living increases. Finally, the Village observed that an advisory opinion of the Illinois Department of Insurance agreed with the Village’s interpretation and should be given persuasive weight.

The Board’s attorney, Richard J. Reimer, opined that the word “then” is ambiguous. He argued that it should not be so narrowly interpreted to fix a survivor’s pension at the time of the police officer’s death, but that it should include each and every right that the officer retained at the time of his death. In other words, Reimer asserted that the word means that the surviving spouse “stepped into the shoes” of the officer, such that the spouse continues to collect the cost-of-living increases to which the officer would have been entitled had he lived. Reimer maintained that the Board was the agency charged with the administration of the Pension Code as it applied to police officers and beneficiaries and, therefore, the Board was in the best position to determine the legislative intent of the statute. He further argued that, if a statute can be construed in more than one way, deference should be given to the construction that carries out the purpose of the drafters. Finally, Reimer argued that the Pension Code should be liberally construed in favor of beneficiaries, to allow cost-of-living increases to surviving spouses.

The Board agreed with Reimer and on June 12, 2006, rendered a final, written decision, concluding that the legislature intended that surviving spouses are entitled to cost-of-living increases pursuant to sections 3 — 111.1 and 3 — 112 of the Pension Code. Accordingly, it granted Bonnie cost-of-living increases.

On July 11, 2006, the Village filed a complaint for administrative review. The parties presented to the trial court the same basic arguments that they presented to the Board. The trial court found no statutory authorization for cost-of-living increases for surviving spouses and reversed the decision of the Board. The court also entered a default judgment against Bonnie, as a formality for jurisdictional purposes. The Board timely appeals.

We note that in Sola v. Roselle Police Pension Board, 342 Ill. App. 3d 227 (2003), the Board awarded Jeanette Sola, another surviving spouse, cost-of-living increases. We upheld the payment on procedural grounds but declined to address whether such payments were provided for under Article 3 of the Pension Code. We address that issue in the present appeal.

ANALYSIS

Before addressing the arguments of the parties, we first must recite our standard of review and the relevant rules of statutory construction, as this case presents a question of statutory interpretation. We review the decision of the administrative agency, not that of the trial court. Stec v. Board of Trustees of the Oak Park Police Pension Fund, 355 Ill. App. 3d 974, 978-79 (2005). Where, as here, the facts are undisputed and the determination involves a question of law, such as statutory interpretation, our review of the administrative agency’s determination is de novo. City of Belvidere v. Illinois State Labor Relations Board, 181 Ill. 2d 191, 205 (1998); Alm v.

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Bluebook (online)
889 N.E.2d 665, 382 Ill. App. 3d 1077, 321 Ill. Dec. 400, 2008 Ill. App. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/village-of-roselle-v-roselle-police-pension-board-illappct-2008.