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Phelan v. Village of LaGrange Park Police Pension Fund

Case Date: 12/20/2001
Court: 1st District Appellate
Docket No: 1-01-1226 Rel

Third Division

December 26, 2001



No. 1-01-1226


THOMAS PHELAN, ) Appeal from the
) Circuit Court of
                            Plaintiff-Appellant, ) Cook County.
)
)
                v. ) No. 00 CH 11686
)
THE VILLAGE OF LAGRANGE PARK POLICE ) Honorable
PENSION FUND, THE BOARD OF TRUSTEES ) Thomas P. Durkin,
OF THE VILLAGE OF LAGRANGE PARK ) Judge Presiding.
POLICE PENSION FUND, REG POTTER,  )
President, CYNTHIA LAUTNER, )
Vice President, WILLIAM BEAUDWAY, )
Secretary, FELIX HERNANDEZ, Trustee,  )
and DONALD BARKELL, Trustee, )
)
                         Defendants-Appellees.  )
 

 

PRESIDING JUSTICE HALL delivered the opinion of the court:

This is an action for judicial review of an administrativeagency's decision to deny a retired police officer convicted of afelony, a refund of his pension contributions. On August 10,2000, plaintiff, Thomas Phelan, (Phelan), a retired LaGrange Parkpolice officer convicted of extortion, filed a complaint foradministrative review against defendant, the LaGrange Park PolicePension Fund and its individual trustees (Board), seekingreversal of the Board's decision denying him a refund of hispension contributions. On February 28, 2001, the circuit courtaffirmed the Board's decision denying Phelan's request for arefund. Plaintiff filed his appeal on March 29, 2001.

FACTUAL BACKGROUND

The facts giving rise to this appeal are not in dispute.Thomas Phelan began service as a LaGrange Park police officer onNovember 27, 1967, and served continuously in that capacity untilhis retirement on December 12, 1997. During this time period,Phelan was a member and participant of the LaGrange Park PolicePension Fund (Pension Fund). On December 18, 1997, Phelan filedan application with the Pension Fund requesting a retirementpension based upon his 30 years of service with the LaGrange ParkPolice Department. Phelan subsequently began receiving aretirement pension of approximately $2,696.10 per month from thePension Fund effective December 12, 1997.

In 1998, Phelan was served with a two-count criminalindictment in the federal court for the Northern District ofIllinois. See United States v. Phelan, 98 CR 351-1. Count I ofthe indictment alleged that Phelan violated 18 U.S.C.