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DISABATO v. BD. OF TRUSTEES OF SERS

No. 1-94-3649.

674 N.E.2d 852 (1996)

285 Ill. App.3d 827

221 Ill.Dec. 59

Columbus DISABATO, Donald Johnson, Gerald W. Jackson, John Kucera, Stanley Shanter, George Marchous, Vernon Lowe, William Kountis, Raymond Wood, C. Panagakis, Lawrence Johnson, Richard Hansen, Edward Foley, Jerry Harden, Wayne Misfeldt, James Thompson, James Esner, Carmen Saracco, Robert Cadwell, Robert Leden, T. Pladis and Franklin Walker, Plaintiffs-Appellants, v. The BOARD OF TRUSTEES OF THE STATE EMPLOYEES' RETIREMENT SYSTEM OF ILLINOIS and Michael L. Mory, Executive Secretary, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

December 4, 1996.

Attorney(s) appearing for the Case

Samuel Frederic Freiman, Chicago, IL, for Appellant.

James E. Ryan, Attorney General, Barbara A. Preiner, Solicitor General, Laura M. Wunder, Assistant Attorney General, for Appellee.

Justice LEAVITT delivered the opinion of the Court:

The plaintiffs were Secretary of State investigators, appointed pursuant to section 2-115 of the Illinois Vehicle Code. 625 ILCS 5/2-115 (West 1994). As state employees, they were "members" of the State Employees' Retirement System (SERS) (see 40 ILCS 5/14-103.06 (West 1994), which provides retirement benefits to a wide variety of state employees under the larger aegis of the Illinois Pension Code. See 40 ILCS 5...

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