Nowak v. City of Country Club Hills
2011 IL 111838
| Ill. | 2011Background
- Nowak, a City of Country Club Hills police officer, participated in the City’s health insurance plan, paying 20% of premiums under a collective-bargaining agreement.
- He was injured in the line of duty on August 21, 2005 and never returned to work.
- For 12 months after injury, he received 100% salary under PEDA, while the City continued deducting 20% premiums.
- After the initial 12 months, he continued benefits via accrued leave, light duty, and workers’ compensation, with premiums still paid by Nowak.
- On October 14, 2008, the police pension board awarded him a line-of-duty disability pension, and the City began paying 100% of health insurance premiums under PSEBA.
- Nowak sought reimbursement for premiums he had paid since the injury; the circuit court denied, the appellate court reversed, and the Supreme Court affirmed the circuit court’s judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When do PSEBA 10(a) premiums attach? | Nowak argues attachment begins at injury date (August 21, 2005). | City argues attachment begins when permanent disability is declared and pension awarded (October 14, 2008). | Attachment occurs on the declaration of permanent disability and pension. |
Key Cases Cited
- Krohe v. City of Bloomington, 204 Ill. 2d 392 (2003) (defines catastrophic injury as resulting in a line-of-duty disability pension)
- Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493 (2000) (statutory interpretation—best indication of legislative intent is plain language)
- Advincula v. United Blood Services, 176 Ill. 2d 1 (1996) (utilizes legislative history as a construction aid)
- Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469 (1994) (statutory construction principles for unambiguous language)
- Davis v. Toshiba Machine Co., America, 186 Ill. 2d 181 (1999) (when language is ambiguous, may look to extrinsic aids)
- People v. Easley, 119 Ill. 2d 535 (1988) (canons of construction guiding interpretation)
- Anderson v. Board of Education of School District No. 91, 390 Ill. 412 (1945) (strict construction when statutes create new liability)
- Kellan v. Board of Trustees of the Firemen’s Pension Fund, 194 Ill. App. 3d 573 (1990) (discusses date-of-injury concept in long-term injuries)
- Gloss v. Board of Trustees, Firemen’s Pension Fund, 132 Ill. App. 2d 736 (1971) (injury onset vs. single discrete injury analysis)