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DIFOGGIO v. RETIREMENT BD. COOK CTY. EMPLOYEES ANNUITY AND BEN. FUND

No. 74563.

620 N.E.2d 1070 (1993)

156 Ill.2d 377

189 Ill.Dec. 753

Frank DiFOGGIO, Appellee, v. The RETIREMENT BOARD OF THE COUNTY EMPLOYEES ANNUITY AND BENEFIT FUND OF COOK COUNTY, Ex-Officio for the Forest Preserve District Employees Annuity and Benefit Fund, et al., Appellants.

Supreme Court of Illinois.

September 23, 1993.

Attorney(s) appearing for the Case

Jack O'Malley, State's Atty., Chicago (Karen Covy, Patricia M. Shymanski and Sophia Lopez, Asst. State's Attys., of counsel), for appellants.

George J. Cullen, Cullen, Haskins, Nicholson & Menchetti P.C., Chicago, for appellee.

Justice FREEMAN delivered the opinion of the court:

This appeal requires us to determine the extent that duty disability benefits received under the Illinois Pension Code are offset (Ill.Rev.Stat.1983, ch. 108½, par. 9-159(c)) against benefits received under the Illinois Workers' Compensation Act (Ill.Rev.Stat. 1983, ch. 48, par. 138.8). Based on the plain language of the Pension Code, we hold that duty disability benefits under the Code are offset against any...

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