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BOARDS OF TRUSTEES v. DEPARTMENT OF INS.

No. 1-99-1589.

753 N.E.2d 343 (2001)

323 Ill. App.3d 913

257 Ill.Dec. 148

The BOARDS OF TRUSTEES OF the CHICAGO HEIGHTS POLICE PENSION FUND; Evanston Police Pension Fund; Norridge Police Pension Fund; Northlake Police Pension Fund; Tinley Park Police Pension Fund; Midlothian Police Pension Fund; Evergreen Park Police Pension Fund; Oak Brook Police Pension Fund; Montgomery Police Pension Fund; Wood River Police Pension Fund; Forest Park Police Pension Fund; Forest Park Police Pension Fund; Westmont Police Pension Fund; Addison Fire Protection District Pension Fund; Chicago Heights Firefighters' Pension Fund; Peoria Firefighters Pension Fund; Rock Island Firefighters' Pension Fund; Byron Firefighters' Pension Board; and the Illinois Public Pension Fund Association, Plaintiffs-Appellees, v. The DEPARTMENT OF INSURANCE, and Arnold Dutcher, Acting Director, Defendants-Appellants (Thomas R. Jones, Chief Adm'r, Public Pension Funds Division, in his official capacity, Defendant).

Appellate Court of Illinois, First District, Second Division.

June 26, 2001.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Chicago, for Appellants.

Richard J. Puchalski and Richard J. Reimer of Sklodowski, Puchalski & Reimer, Chicago, for Appellees.

Presiding Justice CAHILL delivered the opinion of the court:

In 1997 the General Assembly created a public pension division (the Division) within the Department of Insurance (the Department) (40 ILCS 5/1A-101 et seq. (West 1998)). Among the obligations imposed upon the Division was a duty to automate its operations, services and communications "to the fullest practical extent." 40 ILCS 5/1A-107 (West 1998). Included was the duty to provide electronic exchange...

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