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  5. 853 N.E.2d 811 (2006)
 

MALONEY v. STATE EMPLOYEE'S RETIREMENT SYS.

No. 1-05-3027.

853 N.E.2d 811 (2006)

Thomas MALONEY, Plaintiff-Appellee, v. STATE EMPLOYEE'S RETIREMENT SYSTEM OF ILLINOIS, Judges' Retirement System of Illinois, Robert V. Knox, Executive Secretary of the Judges' Retirement System of Illinois, The Board of Trustees of the Judges' Retirement System of Illinois, Lisa Madigan, Attorney General of Illinois, and Rudy J. Kink, Deputy Director, Judges' Retirement System, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

July 28, 2006.

Attorney(s) appearing for the Case

State of Illinois, Attorney General, Chicago (Jan E. Hughes, of counsel), for Appellant.

Collins & Bargione, Chicago (George B. Collins, James J. Lessmeister, Theresa M. Gronkiewicz, of counsel), for Appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Defendants appeal the order of the circuit court requiring the Board of Trustees of the Judges' Retirement System of Illinois (the Board) to refund plaintiff's, Thomas Maloney's, contributions to the Judges' Retirement System of Illinois (the System). Defendants contend that plaintiff waived his claim for a refund. We reverse.

Plaintiff was a judge in the circuit court of Cook County from 1977 until...

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