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Cirignani v. Municipal Employees', Officers', & Officials' Annuity & Benefit Fund

Case Date: 11/22/2000
Court: 1st District Appellate
Docket No: 1-00-1751 Rel

THIRD DIVISION
NOVEMBER 22, 2000




1-00-1751
JEAN CIRIGNANI,

          Plaintiff-Appellant,

                 v.

THE MUNICIPAL EMPLOYEES',
OFFICERS', AND OFFICIALS' ANNUITY
AND BENEFIT FUND OF CHICAGO;
PETER BREJNAK, PHOEBE S. SELDEN,
BARBARA A. LUMPKIN, and JOSEPH M.
MALETESTA, as Trustees; and
JOHN K. GIBSON, as President,

            Defendants-Appellees.

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)		 Appeal from the
Circuit Court of
Cook County









Honorable Dorothy
C. Kinnaird,
Judge Presiding
 


JUSTICE CERDA delivered the opinion of the court:

Plaintiff, Jean Cirignani, appeals from the determinationthat she is not eligible to receive a widow's annuity fromdefendant Municipal Employees', Officers', and Officials' Annuity and Benefit Fund of Chicago (the Fund) after the death of herhusband, who was an employee of the City of Chicago (the City). Plaintiff was convicted of a felony in connection with her beinga ghost payroller for the City. Plaintiff contends that astatute that disqualifies persons from receiving annuity benefitsif they have been convicted of a felony in connection with theirmunicipal employment does not disqualify her from a widow'sannuity based on her deceased husband's employment with the Cityof Chicago. We find that she is entitled to a widow's annuity.

FACTS

By statute, there is established a Municipal Employees',Officers', and Officials' Annuity and Benefit Fund for cities ofmore than 500,000 inhabitants. 40 ILCS 5/8-101 (West 1998). Awidow of an employee of the City of Chicago under this statute isentitled to a widow's annuity. 40 ILCS 5/8-140 through 8-150.1(West 1998). A male employee is required to contribute 1