Roselle Police Pension Board v. Village of Roselle

State: Illinois

Docket No: 106741 Rel

Case Date: 03/19/2009

Preview:Docket No. 106741.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE ROSELLE POLICE PENSION BOARD, Appellant, v. THE VILLAGE OF ROSELLE, Appellee. Opinion filed March 19, 2009.

JUSTICE KARMEIER delivered the judgment of the court, with opinion. Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Burke concurred in the judgment and opinion.

OPINION The issue in this case is whether the surviving spouse of a Village of Roselle (Village) police officer is entitled to receive annual increases on the pension awarded to her following the death of her husband, who had been granted a "line of duty" disability pension and was, at the time of his death, receiving annual benefit increases based on having attained the age of 60. The Roselle Police Pension Board (the Board) held that the surviving spouse was entitled to the annual increases. The Village disagreed and petitioned for administrative review of the Board's decision in the circuit court of Du Page County. The circuit court reversed, and its judgment was affirmed by the appellate court. 382 Ill. App. 3d 1077. We granted the Board's

petition for leave to appeal (210 Ill. 2d R. 315). For the reasons that follow, the judgment of the appellate court is affirmed. Background Charles William Gurke, Jr., was employed by the Village as a police officer. In that capacity, he was a member of and participant in the Roselle Police Pension Fund, administered by the Board. Effective January 8, 1987, the Board awarded Officer Gurke a "line of duty" disability pension pursuant to section 3

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