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KERNER v. STATE EMP. RETIREMENT SYSTEM

No. 14306.

368 N.E.2d 1118 (1977)

53 Ill. App.3d 747

11 Ill.Dec. 510

Otto KERNER by Anton Kerner, his representative, Plaintiff-Appellee, v. STATE EMPLOYEES' RETIREMENT SYSTEM of Illinois, Elliott Epstein, Director of Finance of the State of Illinois and Trustee and Acting Chairman of the Board of Trustees of the State Employees' Retirement System of Illinois, George Lindberg, Comptroller of the State of Illinois and Trustee of the Board of Trustees of the State Employees' Retirement System of Illinois, Clascenna Hinton Harvey, Trustee of the Board of Trustees of the State Employees' Retirement System of Illinois, Michael L. Mory, Secretary of the Board of Trustees of the State Employees' Retirement System of Illinois, and Alan J. Dixon, Treasurer of the State of Illinois and Treasurer of the State Employees' Retirement System of Illinois, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

October 21, 1977.

Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., State of Illinois, Mary F. Stafford, Asst. Atty. Gen., Chicago, for defendants-appellants.

Robert Weiner, Springfield, for plaintiff-appellee.

WEBBER, Justice:

This appeal involves the state pension rights of the late Otto Kerner, one-time governor of Illinois.

The essential facts are not in serious dispute. On September 28, 1965, Otto Kerner (herein for convenience referred to as "Kerner"), then Governor of Illinois, applied for membership in the State Employees' Retirement System (herein "System"). Under an option then existing, Kerner paid into the System $11,048.34, which included 4% compound...

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