2012 IL App (2d) 100608
Ill. App. Ct.2012Background
- Sola has received pension benefits as the surviving spouse of a former Village police officer since May 10, 1993, with an annual 3% cost-of-living increase.
- In December 2001, the Village informed Sola that 2002 benefits would not increase due to the Department of Insurance’s position that surviving spouses are not entitled to COLAs.
- Sola filed a complaint for declaratory and injunctive relief arguing the Board lacked jurisdiction to review benefits under the 35-day Administrative Review Law period.
- The appellate court in Sola I (2003) held the Board had no jurisdiction to review Sola’s benefits because the review period had expired, not addressing the broader Pension Code issue.
- In 2009, the Illinois Supreme Court in Roselle held the Pension Code does not authorize annual COLAs for survivors of police officers.
- After Roselle, the Board continued to award COLAs until a court ordered otherwise; the Village sought certiorari, mandamus, and administrative review in 2010, leading to consolidated appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the injunction denying modification of Sola’s benefits was properly maintained | Village: Roselle changes justify modification of injunction | Sola/Board: No change in law/ facts warrant modification | Affirmed; no basis to modify injunction |
| Whether the dismissal of the Village’s administrative-review claims was proper | Village: claims were not barred by res judicata/collateral estoppel | Sola/Board: final judgments in Sola I preclude relief | Affirmed; res judicata/collateral estoppel apply |
Key Cases Cited
- Sola v. Roselle Police Pension Board, 342 Ill. App. 3d 227 (2003) (Board lacked jurisdiction to modify Sola’s pension benefits (Sola I))
- Roselle Police Pension Board v. Village of Roselle, 232 Ill. 2d 546 (2009) (Pension Code does not authorize annual COLAs for survivors)
- Karfs v. City of Belleville, 329 Ill. App. 3d 1198 (2002) (Administrative-review statute governs pension decisions; 35-day limit applies)
- Board of Education of the City of Chicago v. Board of Trustees of the Public School Teachers’ Pension & Retirement Fund, 395 Ill. App. 3d 735 (2009) (Distinguishes systemic vs individualized miscalculation; policy/standard distinction)
- American Institute of Real Estate Appraisers of the National Ass’n of Realtors v. National Real Estate Ass’n, 191 Ill. App. 3d 867 (1989) (Injunctions; limited inherent power to dissolve/change injunctions)