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eBook details

• Title: Jaris v. School Teachers' Pension Fund
• Author : Supreme Court of Illinois
• Release Date : January 17, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Elizabeth M. Jaris, plaintiff, in her capacity as administratrix of the estate of her deceased husband Henry J. Jaris, and on her own behalf, filed an action in the circuit court of Cook County against the Public School Teachers' Pension and Retirement Fund of Chicago (hereafter Pension Fund). She sought an accounting to determine her pension benefits under the increased-payment option which she claimed her husband had elected, a mandatory injunction to compel the Pension Fund to increase the pension benefits payable to her, and a monetary judgment to compensate for the pension-payment deficiencies since her husband's death. The trial court granted relief to plaintiff holding section 17-120 of the Pension Code (Ill. Rev. Stat. 1971, ch. 108 1/2, par. 17-120) unconstitutional as applied to plaintiff's husband. It further concluded that plaintiff's husband had properly exercised his statutory option of taking a lesser service retirement pension, thereby permitting an increased reversionary pension to plaintiff as designated beneficiary. A direct appeal has been taken to this court (50 Ill.2d R. 302(a)) challenging the validity of the trial court's ruling. Jaris had been employed as a teacher and later as an assistant principal by the Chicago Board of Education. The uncontested facts relevant to this appeal are set forth in the trial court's order.

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