BOARD OF TRUSTEES v. CITY OF EVANSTON

No. 1-93-2227.

667 N.E.2d 657 (1996)

281 Ill. App.3d 1047

217 Ill.Dec. 568

BOARD OF TRUSTEES OF the POLICE PENSION FUND OF the CITY OF EVANSTON, Timothy Schoolmaster, and William Labbe, Plaintiffs-Appellants, v. CITY OF EVANSTON, an Illinois municipal corporation, Joan Barr, as Mayor of the City of Evanston; Joel Asprooth, as City Manager of the City of Evanston; Robert Shonk, as Financial Director and Comptroller of the City of Evanston; and Marvin Juliar, John T. Rudy, Jr., Dennis R. Drummer, Betty Burns Paden, Beth Boosalis Davis, Sue Brady, Jack Korshak, Evelyn Sherman Raden, Mike Summers, Lorraine H. Morton, Jon O. Nelson, Margaret W. Wold, John Bleveans, Marjorie Collens, Ann Rainey, Norris Larson, Roberta S. Warshaw, and Gene Feldman, as Members of the City Council of the City of Evanston, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

June 20, 1996.


Attorney(s) appearing for the Case

Ralph E. Brown and Randall L. Mitchell, of Schuyler, Roche & Zwirner, Chicago, for appellants.

Jack M. Siegel, of Altheimer & Gray, Chicago, for appellees.


Justice CAHILL delivered the opinion of the court:

We review the authority, if any, of elected city councils to ignore the recommendations of a police pension board on the level of funding for police pensions under Illinois law. We conclude that a city council need not accept the dollar amount recommended to it by a police pension board, but that it must follow Illinois law in calculating the amount it selects as an alternative.

The Board of Trustees of the...

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