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Stec v. Board of Trustees of the Oak Park Police Pension Fund

Case Date: 02/17/2005
Court: 1st District Appellate
Docket No: 1-04-0358 Rel

FOURTH DIVISION
February 17, 2005


No. 1-04-0358



 

LYNNEA STEC, ) Appeal from the
  ) Circuit Court of
                        Plaintiff-Appellee, ) Cook County.
  )  
                                          v. )  
  ) No. 03 CH 9537
BOARD OF TRUSTEES OF THE OAK PARK )  
POLICE PENSION FUND, ) Honorable
  ) John Madden,
                        Defendant-Appellant. ) Judge Presiding

 

JUSTICE THEIS delivered the opinion of the court:

Defendant, Board of Trustees of the Oak Park Police Pension Fund (the Board), appealsfrom an order of the circuit court of Cook County, which, on administrative review, reversed thedecision of the Board denying plaintiff, Lynnea Stec, a survivor's pension. The Board contendsthat (1) the circuit court lacked jurisdiction to review Lynnea's complaint for administrativereview; (2) Lynnea has waived any claim for survivor's benefits; and (3) Lynnea is not entitled toa survivor's pension pursuant to section 3-120 of the Illinois Pension Code (Pension Code)(Ill.Rev.Stat. 1987, ch. 108