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ROSARIO v. BOARD

No. 1-07-2190.

887 N.E.2d 559 (2008)

George ROSARIO, Plaintiff-Appellant, v. The RETIREMENT BOARD OF the POLICEMEN'S ANNUITY AND BENEFIT FUND OF the CITY OF CHICAGO; Robert F. Reusche, President; Kenneth A. Hauser, Vice President; John Gallagher, Jr., Executive Director; Dana R. Levenson, Steven J. Lux, Judith C. Rice, Michael Lazzaro, James P. Maloney, and Steven M. Robbins, Trustees, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied April 28, 2008.

Attorney(s) appearing for the Case

Michael Buckley Bolan, Chicago, IL, for Appellant.

David R. Kugler, Chicago, IL, for Appellee.

Justice SOUTH delivered the opinion of the court:

This appeal arises from an order of the circuit court of Cook County denying plaintiff's motion for summary judgment and upholding defendant's decision to deny plaintiff's petition for credit for prior service under the Illinois Pension Code (Pension Code) (40 ILCS 5/1-101.1 et seq. (West 2006)).

The uncontested facts are as follows: On March 4, 1985, plaintiff, George Rosario, was appointed to the Chicago...

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