{
  "id": 5495691,
  "name": "TOM B. STUART, Plaintiff-Appellant, v. LESTER B. NIEMANN et al., Defendants-Appellees",
  "name_abbreviation": "Stuart v. Niemann",
  "decision_date": "1981-09-10",
  "docket_number": "No. 80-2574",
  "first_page": "242",
  "last_page": "244",
  "citations": [
    {
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      "cite": "100 Ill. App. 3d 242"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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    {
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      "cite": "388 N.E.2d 72",
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      "reporter": "N.E.2d",
      "opinion_index": 0
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    {
      "cite": "69 Ill. App. 3d 472",
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      "reporter": "Ill. App. 3d",
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  "analysis": {
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  "last_updated": "2023-07-14T21:36:06.230892+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "TOM B. STUART, Plaintiff-Appellant, v. LESTER B. NIEMANN et al., Defendants-Appellees."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE JIGANTI\ndelivered the opinion of the court:\nThe plaintiff, Tom B. Stuart, brought this action against the defendants, Lester B. Niemann and the Cook County Employees\u2019 and Officers\u2019 Annuity and Benefit Fund (the Fund), to enjoin the Fund from paying benefits to Lester Niemann, the widower of Bess Niemann, a former Cook County employee and Fund contributor. After a bench trial judgment was entered in favor of the defendants. Stuart appeals contending that although Lester Niemann was legally married to Bess Niemann at the time of her death, he was not her widower for purposes of article IX of the Illinois Pension Code (Ill. Rev. Stat. 1979, ch. 108*2, pars. 9 \u2014 101 to 9 \u2014 238) (The Code). Bess Niemann was Stuart\u2019s mother.\nBess Niemann designated Stuart as beneficiary of any refund of amounts accumulated in her annuity account at the time of her death. The parties agree that under section 9 \u2014 166 of the Code the designated beneficiary is not entitled to a refund if there is a surviving widow (Ill. Rev. Stat. 1979, ch. IO8J2, par. 9 \u2014 166) or widower (Ill. Rev. Stat. 1979, ch. IO8.2, pars. 9 \u2014 108.2, 9 \u2014 149.1).\nLester Niemann and Bess Niemann were married in 1958. They separated in 1966 and did not live together from that time until Bess Niemann\u2019s death in 1978. During the period of their separation Bess Niemann supported herself entirely. When Lester and Bess Niemann did things together, such as going out to dinner or taking a vacation, the expenses were split equally.\nIn August 1978, the Niemanns transferred their marital residence from Bess Niemann and Lester Niemann to Bess Niemann and Tom Stuart. Lester Niemann was paid $25,000 as consideration. When title was transferred Lester Niemann stated \u201cwell, I guess that\u2019s that. All is divided and done.\u201d Bess Niemann\u2019s will provides in part:\n\u201cI make no provision for my husband, Lester W. Niemann, because we have, prior to the execution of this, My Last Will and Testament, made a division of our property between us, and by reason thereof, he is not now in need of my bounty.\u201d\nStuart contends that although Lester and Bess Niemann were married at the time of Bess Niemann\u2019s death, Lester Niemann is not Bess Niemann\u2019s widower for purposes of the Code. He claims that the Code was intended to benefit the family of the deceased and that since Lester Niemann was no longer a part of Bess Niemann\u2019s family in the sense that he no longer lived with her, was not reliant upon her for support, and was not looking to her for support in his later years, he was not entitled to receive support under the statute. He also claims that to allow Lester Niemann to collect as widower would be to thwart Bess Niemann\u2019s intent as manifested by the language in her will, Lester Niemann\u2019s statements when he transferred his interest in the marital home to Stuart, and the fact that Bess Niemann named Stuart as \u201cdesignated beneficiary.\u201d\nUnder the Code, an employee\u2019s widow or widower is entitled to an annuity from the employee\u2019s annuity account. (Ill. Rev. Stat. 1979, ch. 10812, par. 9 \u2014 137 et seq.) While several exceptions are provided (such as where the widow did not marry the employee until after the employee\u2019s 65th birthd\u00e1y or where the widow remarries (Ill. Rev. Stat. 1979, ch. 10812, pars. 9 \u2014 148, 9 \u2014 149)), there is nothing in the Code which remotely suggests that the widower loses his right to an annuity on the basis of the intent of the employee or the fact that the employee and the widower were, in the plaintiff\u2019s words, \u201cmarried in name only.\u201d\nWhere statutory language is certain and unambiguous it is our duty to enforce it as enacted. (Board of Education v. Cronin (1979), 69 Ill. App. 3d 472, 388 N.E.2d 72.) Since the language of the Code is unambiguous there is no need for construction to ascertain its meaning. It provides that an employee\u2019s widow or widower is entitled to an annuity. Here it is admitted that Lester and Bess Niemann were married at the time of her death. We therefore can only cotaclude that Lester Niemann is Bess Niemann\u2019s widower. The legislature set forth the applicable law and we cannot depart from its clear statement. (Young v. Board of Trustees (1978), 57 Ill. App. 3d 689, 373 N.E.2d 708.) Lester Niemann was Bess Niemann\u2019s widower and the statute leaves no room for us to carve out an exception to his entitlement to an annuity on the grounds asserted.\nStuart also argues that under section 1 of \u201cAn Act in relation to married men and women\u201d (Ill. Rev. Stat. 1975, ch. 68, par. 22 (repealed)), Lester Niemann would not have been entitled to receive support from Bess Niemann if she were living because he had abandoned or deserted her and that therefore Niemann does not qualify as a widower entitled to benefits. Even if it were the law that a widower is not entitled to benefits under the Code unless he establishes that he would have been entitled to support during the contributor\u2019s lifetime, Stuart\u2019s argument would fail. Chapter 68 has been repealed, and when its provisions were reenacted under the Marriage Act (Ill. Rev. Stat. 1979, ch. 40, par. 101 et seq.), the provision upon which Stuart relies, that persons who live separate from their spouses \u201cwithout their fault\u201d are entitled to support, was deleted.\nAccordingly the judgment of the circuit court is affirmed.\nAffirmed.\nJOHNSON and LINN, JJ., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE JIGANTI"
      }
    ],
    "attorneys": [
      "Dan Walker, Jr., of Chicago, for appellant.",
      "Anthony J. Ventrella, of Chicago, for appellees."
    ],
    "corrections": "",
    "head_matter": "TOM B. STUART, Plaintiff-Appellant, v. LESTER B. NIEMANN et al., Defendants-Appellees.\nFirst District (4th Division)\nNo. 80-2574\nOpinion filed September 10,1981.\nDan Walker, Jr., of Chicago, for appellant.\nAnthony J. Ventrella, of Chicago, for appellees."
  },
  "file_name": "0242-01",
  "first_page_order": 264,
  "last_page_order": 266
}