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HOOKER v. RETIREMENT BD.

No. 1-11-1625.

972 N.E.2d 189 (2012)

361 Ill. Dec. 704

Daniel HOOKER, as Special Representative/Heir and June E. Murphy, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiffs-Appellants, v. RETIREMENT BOARD OF the FIREMEN'S ANNUITY and BENEFIT FUND OF CHICAGO, Defendant-Appellee.

Appellate Court of Illinois, First District, Third Division.

Modified Upon Denial of Rehearing July 18, 2012.

Attorney(s) appearing for the Case

Martin O. Holland , Evergreen Park, for appellants.

Burke Burns & Pinelli, Ltd., Chicago ( Mary Patricia Burns , Vincent D. Pinelli , Madeleine S. Podesta , of counsel), for appellee.

OPINION

Justice NEVILLE delivered the judgment of the court, with opinion.

¶ 1 In this case we must interpret sections 6-111 and 6-140 of the Illinois Pension Code (Code) (40 ILCS 5/6-111, 6-140 (West 2008)). Two widows of firefighters sued the Retirement Board of the Firemen's Annuity and Benefit Fund (Board) for a judgment declaring that the Board must include duty availability pay (DAP) in the current salary attached to the applicable positions for...

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