Thornley v. Board of Trustees of the River Forest Police Pension Fund
2022 IL App (1st) 210835
| Ill. App. Ct. | 2022Background
- Michael Thornley served as a River Forest police officer (1997–2015), resigned in 2015, and died January 30, 2018. He was a "deferred pensioner" (eligible for a pension only upon reaching age 60).
- If he had lived, he would have turned 60 on December 12, 2032, and would have been entitled to a pension of 42.5% of his applicable salary ($107,953.29).
- Carrie Thornley (surviving spouse) applied for survivor benefits on February 7, 2018; DOI assistant general counsel (AGC) opined she was entitled to the survivor pension immediately upon the officer’s death.
- The River Forest Police Pension Board awarded survivor benefits but held payments would commence December 12, 2032 (the date decedent would have become entitled to collect).
- The Cook County circuit court affirmed the Board; Carrie Thornley appealed to the Illinois Appellate Court, First District.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When do survivor pension payments begin under 40 ILCS 5/3-112(a)? | Thornley: the phrase "upon the death" requires immediate payment to the surviving spouse. | Board/Village: the statute entitles the spouse to the pension "to which the police officer was then entitled," so payments are payable only when the officer would have been entitled (deferred until age 60). | Affirmed: payments begin December 12, 2032; the spouse inherits the decedent’s pension rights, which were deferred at death. |
Key Cases Cited
- Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497 (2006) (review of pension-board decisions focuses on the board’s decision and sets standards of review)
- Roselle Police Pension Board v. Village of Roselle, 232 Ill. 2d 546 (2009) (statutory silence does not authorize benefits beyond the statute; administrative interpretations receive weight but cannot override plain language)
- Village of Roselle v. Roselle Police Pension Board, 382 Ill. App. 3d 1077 (2008) (interpreting survivor entitlement as tied to the pension the officer was receiving or entitled to at death)
- Burlington Northern, Inc. v. Department of Revenue, 32 Ill. App. 3d 166 (1975) (administrative interpretations cannot alter a statute’s plain language)