UNDERWOOD v. CITY OF CHICAGO

Nos. 1-18-2180 & 1-19-0358 (cons.).

171 N.E.3d 901 (2020)

2020 IL App (1st) 182180

Michael W. UNDERWOOD, Joseph M. Vuich, Raymond Scacchitti, Robert McNulty, John E. Dorn, William J. Selke, Janiece R. Archer, Dennis Mushol, Richard Aguinaga, James Sandow, Catherine A. Sandow, Marie Johnston, and 338 Other Named Plaintiffs Listed in Exhibit 23, Plaintiffs-Appellants, v. The CITY OF CHICAGO, a Municipal Corporation, Trustees of the Policemen's Annuity and Benefit Fund of Chicago; Trustees of the Firemen's Annuity and Benefit Fund of Chicago; Trustees of the Municipal Employees' Annuity and Benefit Fund of Chicago; and Trustees of the Laborers' & Retirement Board Employees' Annuity & Benefit Fund of Chicago; Defendants-Appellees.

Appellate Court of Illinois, First District, SIXTH DIVISION.

Rehearing denied August 14, 2020.


Attorney(s) appearing for the Case

Clinton A. Krislov and Kenneth T. Goldstein , of Krislov & Associates, Ltd., of Chicago, for appellants.

Mark A. Flessner , Corporation Counsel, of Chicago ( Benna Ruth Solomon , Myriam Zreczny Kasper , and Sara K. Hornstra , Assistant Corporation Counsel, of counsel), for appellee City of Chicago.

Cary E. Donham , Graham C. Grady , John F. Kennedy , and Richard Hu , of Taft Stettinius & Hollister LLP, of Chicago, for appellee Trustees of the Laborers' and Retirement Board Employees' Annuity and Benefit Fund of Chicago. Edward J. Burke , Mary Patricia Burns , Vincent D. Pinelli , and Sarah A. Boeckman , of Burke Burns & Pinelli, Ltd., of Chicago, for appellees the Trustees of the Firemen's Annuity and Benefit Fund of Chicago and the Trustees of the Municipal Employees' Annuity and Benefit Fund of Chicago.

Justin B. Kugler , of Chicago, for other appellee.


OPINION

¶ 1 In this latest installment of decades-long pension litigation, plaintiffs claim that each of the defendant funds has an obligation, set out in the 1983 and 1985 amendments to the Illinois Pension Code (40 ILCS 5/1-101 et seq. (West 2018)...

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