Thompson v. Retirement Board of the Poicemen's Annunity and Benefit Fund of the City of Chicago

State: Illinois

Court: 1st District Appellate

Docket No: 1-07-0483 Rel

Case Date: 02/11/2008

Preview:1-07-0483 FIRST DIVISION February 11, 2008

No. 1-07-0483 GRAHAM F. THOMPSON, ) ) Plaintiff-Appellant, ) ) v. ) ) THE RETIREMENT BOARD OF THE POLICEMEN'S ) ANNUITY AND BENEFIT FUND OF THE CITY OF ) CHICAGO, TIMOTHY J. BROPHY, Recording ) Secretary; JOHN J. GALLAGER, Acting ) Executive Director, ) ) Defendants-Appellees. ) Appeal from the Circuit Court of Cook County. No. 05 CH 01592

The Honorable Thomas P. Quinn, Judge Presiding.

JUSTICE GARCIA delivered the opinion of the court. The plaintiff in this case, Graham Thompson, filed a petition for administrative review, seeking review of an annuity determination by the Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago (Retirement Board). Thompson alleges the Retirement Board erred by denying him benefits pursuant to section 5-129.1(a) of the Illinois Pension Code (Pension Code) (40 ILCS 5/5-129.1(a) (West 2006)) and said denial resulted in Thompson's benefits being diminished and impaired. The trial court denied Thompson's petition for review,

finding the Retirement Board did not apply section 5-129.1(a)

1-07-0483 because that section was not applicable to Thompson and, thus, no diminishment or impairment occurred. follow, we affirm. BACKGROUND Some history on the imposition of a mandatory retirement age to Chicago police officers is in order. Prior to 1983, the In For the reasons that

mandatory retirement age for Chicago police officers was 63.

1983, the Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C.

Download Thompson v. Retirement Board of the Poicemen's Annunity and Benefit Fund of the