Rose v. Board of Trustees of the Mount Prospect Police Pension Fund
958 N.E.2d 315
Ill. App. Ct.2011Background
- Rose, Mount Prospect patrol officer, injured in on-duty Feb 21, 2004 car accident during patrol.
- He later suffered a separate off-duty car accident on June 1, 2004.
- He sought a line-of-duty pension under 40 ILCS 5/3-114.1 and, alternatively, a nonduty pension under 40 ILCS 5/3-114.2; Board denied line-of-duty but granted nonduty.
- Circuit court reversed the Board, awarding line-of-duty benefits; Board appealed.
- Court holds petitioner entitled to a full line-of-duty pension; the on-duty Feb 2004 accident contributed to his disability; Board’s contrary finding was against the manifest weight of the evidence; standard of review discussed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Feb 21, 2004 injury was incurred in the performance of an act of duty | Rose acted in patrol duties during investigation; capacity involved special risk | Feb accident occurred while driving; not inherently a duty-related act of duty | Yes; injury occurred in the performance of an act of duty |
| Whether the Feb 2004 accident contributed to Rose's disability | Feb on-duty accident contributed to disability; multiple medical opinions support causation | Disability due to June 2004 off-duty accident; Feb event not contributing | The Feb 2004 accident at least in part contributed to disability (not solely the June accident) |
Key Cases Cited
- Johnson v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 114 Ill. 2d 518 (1986) (defines act of duty by capacity in which officer acts; includes generally protective duties)
- Jones v. Board of Trustees of the Police Pension Fund, 384 Ill. App. 3d 1064 (2008) (patrol duties involve special risks; capacity focus, not act, governs entitlement)
- Alm v. Lincolnshire Police Pension Board, 352 Ill. App. 3d 595 (2004) (bicycle patrol case; capacity-focused analysis supports line-of-duty benefits)
- Merlo v. Orland Hills Police Pension Board, 383 Ill. App. 3d 97 (2008) (recognizes capacity-focused approach to act of duty within patrol context)
- White v. City of Aurora, 323 Ill. App. 3d 733 (2001) (predecessor White ruling focusing on act; later cases favor capacity approach)