Martin v. Board of Trustees of the Police Pension Fund of the Village of Shiloh
2017 IL App (5th) 160344
Ill. App. Ct.2017Background
- David Martin, a vested Shiloh police detective, was injured (cervical spine) as a passenger in an unmarked squad car that was rear-ended while stopped at a traffic light after returning from courthouse duties. He was on duty at the time.
- Martin had been at the St. Clair County courthouse obtaining subpoenas and filing traffic citations as part of an investigation before the accident.
- Martin applied for a line-of-duty disability pension under 40 ILCS 5/3-114.1; the Board denied line-of-duty status but awarded a not-on-duty (50%) pension under 3-114.2.
- Martin sought judicial review; the circuit court reversed the Board and awarded line-of-duty benefits. The Board appealed.
- The appellate court reviewed the legal question de novo (statutory interpretation of “act of duty”) and affirmed the trial court, holding Martin was acting in a capacity involving special risk and thus qualifies for a line-of-duty disability pension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martin’s injury was "incurred in or resulting from the performance of an act of duty" under 40 ILCS 5/3-114.1 | Martin: He was on duty performing detective/court-related tasks and was in a squad car subject to police responsibilities; focus is the capacity in which he was acting. | Board: He had completed courthouse business and was merely returning; being on duty or in a stopped car is an ordinary risk and not an "act of duty." | Court: Affirmed that the relevant inquiry is the capacity in which the officer acted; Martin was performing duties unique to police and was thus entitled to line-of-duty benefits. |
Key Cases Cited
- Johnson v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 114 Ill. 2d 518 (1986) (defines focus on the capacity in which officer acts; line-of-duty awarded when injury results from performance of act of duty)
- Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497 (2006) (administrative-review standards; review agency decision, identify standards for fact/law/mixed questions)
- Robbins v. Board of Trustees of the Carbondale Police Pension Fund, 177 Ill. 2d 533 (1997) (stress-related disabilities and line-of-duty analysis)
- Morgan v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 172 Ill. App. 3d 273 (1988) (tasks like filling out reports held not to involve special risk)
- Wagner v. Board of Trustees of the Police Pension Fund, 208 Ill. App. 3d 25 (1991) (officer injured while serving notice held to be performing an act of duty; focus on capacity)
- Jones v. Board of Trustees of the Police Pension Fund, 384 Ill. App. 3d 1064 (2008) (officer injured while driving on patrol entitled to line-of-duty benefits; routine patrol involves special risk)
- Sarkis v. City of Des Plaines, 378 Ill. App. 3d 833 (2008) (physically raising railroad gate not an act ordinary citizens perform; capacity controls)
- Fedorski v. Board of Trustees of the Aurora Police Pension Fund, 375 Ill. App. 3d 371 (2007) (evidence technician in squad car denied line-of-duty where duties not unique to officers)