Eschbach v. McHenry Police Pension Board
2012 WL 4336250
Ill. App. Ct.2012Background
- Eschbach filed on February 14, 2011 for a nonduty disability pension under 40 ILCS 5/3-114.2 alleging a right leg blood clot condition.
- Board denied the application because Eschbach’s employment had been terminated in June 2010, rendering her ineligible under Di Falco and Freberg.
- Eschbach previously pursued a line-of-duty disability pension; denial affirmed by this court in March 2010; workers’ compensation settlement occurred January 31, 2011.
- Notice of separation stated termination date as June 2, 2010, but notice was not proven mailed/received, and separation was not communicated to Eschbach.
- Board found Eschbach not a police officer at the time of the nonduty pension application, and thus denied the application; trial court affirmed; Eschbach appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eschbach could obtain a nonduty pension when not employed as a police officer at filing | Eschbach argues distinctions from Di Falco/Freberg permit eligibility | Board and applicable case law require officer status at filing | Affirmed; not an officer when applying |
| Whether termination was in bad faith or evidence notice deficient affected eligibility | Termination was a bad-faith act to deny pension and notice was defective | Termination attributed to abandonment; not due to disability; notice defects immaterial | Affirmed; termination unrelated to disability; notice issue did not alter outcome |
| Whether res judicata or procedural timing forecloses the nonduty pension claim | Could have raised the claim earlier; not foreclosed | Board properly denied under controlling law; plan not addressed on res judicata | Affirmed; issue not dispositive since applicant not an officer at filing |
Key Cases Cited
- Di Falco v. Board of Trustees of Firemen’s Pension Fund of Wood Dale Fire Protection District No. One, 122 Ill. 2d 22 (1988) (disability benefits require current police or firefighter employment at time of injury and filing)
- Freberg v. Board of Trustees of Highland Park, 128 Ill. App. 2d 369 (1970) (disability eligibility tied to active employment)
- Dempsey v. City of Harrisburg, 3 Ill. App. 3d 696 (1971) (board not bound by municipal decision; agency separation)
- Rhoads v. Board of Trustees of the City of Calumet City Policemen’s Pension Fund, 293 Ill. App. 3d 1070 (1997) (police pension board autonomy; lack of privity with city)
- Dowrick v. Village of Downers Grove, 362 Ill. App. 3d 512 (2005) (distinguishes municipal and pension board decisions)
- Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497 (2006) (scope of review in administrative pension decisions)
- Wade v. City of North Chicago Police Pension Board, 226 Ill. 2d 485 (2007) (administrative review standards for pension decisions)
- Stec v. Oak Park Police Pension Board, 204 Ill. App. 3d 556 (1990) (emphasizes officer status requirement)
- Dempsey v. City of Harrisburg, 3 Ill. App. 3d 696 (1971) (agency boundaries in pension matters)