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RUTKA v. CICERO POLICE PENSION BD.

No. 1-10-0298.

939 N.E.2d 600 (2010)

Leonard RUTKA, Plaintiff-Appellant, v. The BOARD OF TRUSTEES OF the CICERO POLICE PENSION BOARD, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

November 24, 2010.

Attorney(s) appearing for the Case

Law Offices of Jerome F. Marconi , Chicago ( Jerome F. Marconi , of counsel), for Plaintiff-Appellant.

Atwell & Atwell Law Offices, Aurora ( Charles H. Atwell , of counsel), for Defendant-Appellee.

Justice NEVILLE delivered the opinion of the court:

Leonard Rutka, a police officer with the Cicero police department, requested that the Cicero Police Pension Board (Pension Board) recalculate his pension benefits. Following a hearing, the Pension Board denied Rutka's request to recalculate his pension benefits, finding that it lacked jurisdiction because Rutka's request was not filed within 35 days of its prior final decision as required by section 3-103 of the...

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