Kaczka v. Retirement Board of the Policemen's Annuity and Benefit Fund

State: Illinois

Court: 1st District Appellate

Docket No: 1-09-1283 Rel

Case Date: 03/02/2010

Preview:SECOND DIVISION March 2, 2010

No. 1-09-1283

THOMAS KACZKA, Plaintiff-Appellant, v. THE RETIREMENT BOARD OF THE POLICEMEN'S ANNUITY AND BENEFIT FUND OF THE CITY OF CHICAGO,

Defendant-Appellee.

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Appeal from the Circuit Court of Cook County.

No. 08 CH 16694

Honorable Martin S. Agran, Judge Presiding.

JUSTICE THEIS delivered the opinion of the court: Plaintiff, Thomas Kaczka, appeals from the judgment of the circuit court confirming a decision by the Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (the Board), which denied his application for a reinstatement of a widower's annuity benefit under the Illinois Pension Code (the Pension Code) (40 ILCS 5/5-101 et seq. (West Supp. 2007)). On appeal, plaintiff contends that: (1) his widower's benefits were subject to mandatory reinstatement pursuant to section 5-147 of the Pension Code (40 ILCS 5/5-147 (West Supp. 2007)); (2) the Board's 1992 decision awarding him a widower's annuity was a final administrative order not subject to modification beyond the 35-day administrative review period under the Administrative Review Law (735 ILCS 5/3-103 (West 2006)); (3) the Board's prior

1-09-1283 decision awarding him a widower's annuity was not void; and (4) the Board erred in dismissing his claim that the Board violated his right to equal protection under federal and state law. For the following reasons, we affirm the decision of the Board. BACKGROUND On August 22, 1992, plaintiff married Carole P. Lewandowski. At the time of their marriage, Carole had been a member of the Chicago Police Department for 11 years. On September 3, 1992, 12 days after the marriage, Carole died. Thereafter, plaintiff applied for, and was awarded, a widower's annuity benefit under Article 5 of the Pension Code. Ill. Rev. Stat. 1991, ch. 108

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