2011 IL 111838
Ill.2011Background
- Plaintiff Don Nowak was a full-time police officer for the City of Country Club Hills under a union-negotiated health plan requiring officers to pay 20% of premiums.
- The plan continued premium deductions during his injury-related absence.
- He sustained a line-of-duty injury on August 21, 2005 and never returned to work.
- For 12 months after injury, he received 100% salary under PEDA and the City withheld 20% premiums.
- After PEDA benefits ended, he remained in the City plan and continued 20% premium payments.
- In 2008, the Board awarded him a line-of-duty disability pension, and the City began paying 100% of premiums under PSEBA; he sought reimbursement for premiums paid prior to the pension decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does PSEBA 10(a) attach? | Nowak—attachment at injury date | City—attachment at disability declaration date | Attachment at the catastrophic determination date |
Key Cases Cited
- Krohe v. City of Bloomington, 204 Ill.2d 392 (2003) (defines 'catastrophic injury' for PSEBA)
- Anderson v. Board of Education of School District No. 91, 390 Ill.2d 412 (1945) (strict construction of new liability statutes)
- People ex rel. Lyerly v. Missouri Pacific R.R. Co., 328 Ill.2d 504 (1927) (avoid impractical/absurd results in statutory construction)
- Davis v. Toshiba Machine Co., America, 186 Ill.2d 181 (1999) (plain-language rules; canons of construction)
- In re D.D., 196 Ill.2d 405 (2001) (use of extrinsic aids when statute is ambiguous)
- Krohe v. City of Bloomington, 204 Ill.2d 392 (2003) (defined 'catastrophic injury' under PSEBA)