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Appellate Court of Illinois


Fleming v. Retirement Bd. of the Firemen's Annuity and Benefit Fund of Chicago, 1-06-1315

Order of the court upholding the determination of the defendant that plaintiff was entitled to receive a widow's annuity upon her repayment of the refund awarded to her husband's estate is affirmed where: 1) the defendant properly construed the sections involved since payment of a refund and an annuity to a widow would be paying plaintiff's benefits twice; 2) it is the intent of the legislature that any repayment to the Fund be made with interest; and 3) defendant properly determined that plaintiff was not entitled to receive a widow's annuity at the time of her husband's death.

Appellate Information

  • Decided 05/09/2007
  • Published 05/09/2007

Judges

  • Justice KARNEZIS delivered the opinion of the court:

Court

  • Appellate Court of Illinois

Counsel

  • For Appellant:
  • Martin O. Holland, Evergreen Park, for Appellant.

  • For Appellees:
  • Burke Burns & Pinelli, Ltd., Chicago (Mary Patricia Burns, Vincent D. Pinelli, of counsel), for Appellee.
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