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WALICZEK v. RET. BD. OF FIREMEN'S ANNUITY AND BENEFIT FUND

No. 1-99-4128.

741 N.E.2d 272 (2000)

318 Ill. App.3d 32

251 Ill.Dec. 678

Leroy WALICZEK and Dolores Waliczek, Plaintiffs-Appellants, v. The RETIREMENT BOARD OF the FIREMEN'S ANNUITY AND BENEFIT FUND OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied November 30, 2000.

Attorney(s) appearing for the Case

Sugarman & Horwitz, Chicago (Stephen B. Horwitz, of counsel), for Appellant.

Burke, Burns & Pinelli, Ltd., Chicago (Lawrence E. Flood, Mary Patricia Burns, of counsel), for Appellee.

MODIFIED UPON DENIAL OF REHEARING

Justice ZWICK delivered the opinion of the court:

Plaintiffs Leroy and Dolores Waliczek appeal from an order of the circuit court on administrative review, which upheld the determination of the Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago (Board) that section 6-142(f) of the Illinois Pension Code (Code)(40 ILCS 5-6-142(f)(West 1998)) will prevent Dolores, as Leroy's current spouse, from receiving...

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