Buckner v. The University Park Police Pension Fund
983 N.E.2d 125
Ill. App. Ct.2013Background
- Buckner, a police officer for Village of University Park, became vested for disability benefits and had prior back injuries with restrictions.
- In 2001 she suffered a back injury, underwent lumbar fusion, and returned to duty in 2002 with restrictions.
- In 2006 Buckner was injured driving home after a shift; she later had a second back surgery in 2007 and was deemed unable to perform full duty.
- Buckner applied in 2008 for an on-duty disability pension; hearing began in 2009 with an alternative request for not-on-duty benefits.
- Board consisted of three members; Open Meetings Act required unanimity for decisions; Buckner later challenged due process, arguing improper board composition.
- Board denied on-duty pension but awarded not-on-duty pension in 2010; trial court affirmed; Buckner appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Buckner was properly denied on-duty disability pension | Buckner argues her 2006 injury occurred during an act of duty and 2001 injury contributed. | Board relied on Fedorski to hold Buckner not performing an act of duty; on-duty benefit not warranted. | Denial upheld; no on-duty linkage shown; 2006 injury not in act of duty, 2001 not causative. |
| Whether Buckner's 2001 injury contributed to the 2006 disability | 2001 injury left permanent restrictions aiding later disability. | Evidence shows Buckner returned to full duty with no restrictions and 2001 did not cause the 2006 disability. | Not a causative factor; 2001 injury did not contribute to 2006 disability. |
| Whether Buckner was denied due process due to board composition | Board had only three members; Buckner needed unanimity; potential Open Meetings Act issue. | Forfeited challenge; quorum was present; three-member board valid for action. | No due process violation; forfeited challenge; quorum present and votes taken. |
Key Cases Cited
- Rose v. Board of Trustees of the Mount Prospect Police Pension Fund, 2011 IL App (1st) 102157 (2011) (act-of-duty and special risk analysis for on-duty benefits)
- Johnson v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 114 Ill. 2d 518 (1986) (definition of act of duty and general framework)
- Fedorski v. Board of Trustees of the Aurora Police Pension Fund, 375 Ill. App. 3d 371 (2007) (injury not while performing act of duty)
- Jones v. Board of Trustees of the Police Pension Fund, 384 Ill. App. 3d 1064 (2008) (on-duty pension requires injury on patrol or duty with special risk)
- Luchesi v. Retirement Board of the Firemen’s Annuity & Benefit Fund, 333 Ill. App. 3d 543 (2002) (causation factor standard for on-duty benefits)
- O'Callaghan v. Retirement Board, 302 Ill. App. 3d 579 (1998) (due process in administrative proceedings)