{
  "id": 2620802,
  "name": "STEVEN K. GENTRY, Plaintiff-Appellant, v. THE ILLINOIS MUNICIPAL RETIREMENT FUND, Defendant-Appellee",
  "name_abbreviation": "Gentry v. Illinois Municipal Retirement Fund",
  "decision_date": "1989-04-28",
  "docket_number": "No. 4\u201488\u20140873",
  "first_page": "494",
  "last_page": "496",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 3d 494"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "1977 Ill. Laws 2602",
      "category": "laws:leg_session",
      "reporter": "Ill. Laws",
      "opinion_index": 0
    },
    {
      "cite": "488 N.E.2d 548",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "pin_cites": [
        {
          "page": "549"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "109 Ill. 2d 419",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        3127018
      ],
      "pin_cites": [
        {
          "page": "424"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/109/0419-01"
      ]
    },
    {
      "cite": "493 N.E.2d 671",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "year": 1985,
      "pin_cites": [
        {
          "page": "676"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "143 Ill. App. 3d 757",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        5666311
      ],
      "year": 1985,
      "pin_cites": [
        {
          "page": "763"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/143/0757-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 349,
    "char_count": 5670,
    "ocr_confidence": 0.786,
    "pagerank": {
      "raw": 6.770845263994211e-08,
      "percentile": 0.41207421745437667
    },
    "sha256": "eb8916948c092cdc575c9747dd82386760aaafcdb9199aa0eb60fc2200b24e69",
    "simhash": "1:0b1100fd6c0ec57d",
    "word_count": 881
  },
  "last_updated": "2023-07-14T18:08:14.831486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STEVEN K. GENTRY, Plaintiff-Appellant, v. THE ILLINOIS MUNICIPAL RETIREMENT FUND, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "JUSTICE KNECHT\ndelivered the opinion of the court:\nThe issue presented is whether an injured municipal employee receiving permanent disability benefits from the Illinois Municipal Retirement Fund (Retirement Fund) (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 7 \u2014 101 et seq.) and benefits under the Workers\u2019 Compensation Act (Ill. Rev. Stat. 1987, ch. 48, par. 138.1 et seq.) must reimburse the Retirement Fund for temporary disability benefits received during the period immediately following the injury.\nThe plaintiff was employed by the City of Decatur and was covered under the Retirement Fund. On March 21, 1986, while working for the city, plaintiff suffered a myocardial infarction. The Retirement Fund paid plaintiff temporary benefits of $721.06 per month from April 24, 1986, to October 31, 1986. The total amount of temporary benefits from the Retirement Fund was $4,094.60.\nOn November 1, 1986, the Retirement Fund terminated plaintiffs temporary benefits and awarded him total and permanent disability benefits. On December 2, 1986, plaintiff entered into a settlement contract with the City of Decatur for workers\u2019 compensation benefits totaling $37,077.28. On June 16, 1987, the Retirement Fund ordered plaintiff to reimburse the fund the amount of the temporary benefits; this appeal involves only that sum. Plaintiff sought an administrative hearing. On April 22, 1988, the board of trustees of the Retirement Fund (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 7 \u2014 120) notified plaintiff the board had rejected his appeal. Plaintiff then sought administrative review (Ill. Rev. Stat. 1987, ch. 110, par. 3 \u2014 101 et seq.) of the board\u2019s decision (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 7 \u2014 220) by filing a complaint in Macon County circuit court. The circuit court affirmed the decision of the Retirement Fund and dismissed the complaint. Plaintiff appeals.\nSection 7 \u2014 222 of the Illinois Pension Code (Pension Code) states:\n\u201cWhenever any person is entitled to a disability or survivors benefit under this Article and to benefits under the Workers\u2019 Compensation Act or the Workers\u2019 Occupational Diseases Act in relation to the same injury or disease, the monthly benefits payable under this Article shall be reduced by the amount of any such benefits payable under either of those Acts ***.\u201d (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 7 \u2014 222.)\nThe plaintiff attempts to distinguish between temporary and permanent disability benefits under the Pension Code. Plaintiff asserts the reference in section 7 \u2014 222 to \u201cany such benefits\u201d is to permanent, not temporary benefits. Thus, plaintiff argues, if he had received temporary workers\u2019 compensation benefits, he would have received \u201csuch benefits,\u201d or corresponding benefits, and would be obligated to repay the Retirement Fund benefits. We reject plaintiff\u2019s argument. As the Retirement Fund notes, there is no statutory basis for a distinction between permanent and temporary benefits.\n\u201cIn construing a statutory enactment, the primary purpose is to ascertain the legislature\u2019s intention, not only from the language which it has used, but also from the reason and necessity for the act, the evils sought to be remedied, and the objects and purposes sought to be obtained.\u201d (Eckman v. Board of Trustees for the Police Pension Fund (1986), 143 Ill. App. 3d 757, 763, 493 N.E.2d 671, 676, citing Cloninger v. National General Insurance Co. (1985), 109 Ill. 2d 419, 424, 488 N.E.2d 548, 549.) An examination of the legislative history of section 7 \u2014 222 of the Pension Code reveals the deduction clause was intended to apply to temporary disability benefits. Public Act 80 \u2014 903, effective September 21, 1977, amended statutes relating to five of the State\u2019s pension systems, including the Retirement Fund (1977 Ill. Laws 2602). The purpose of the act was to avoid the double benefits then possible under the pension system and the Workers\u2019 Compensation Act. (80th Ill. Gen. Assem., Senate Proceedings, June 22,1977, at 327 (statements of Senator Glass).)\n\u201c[The Bill] would provide for a reduction of disability or survivors benefits under five of the State pension systems when an individual has already received Workmen's Compensation or Workmen\u2019s Occupational Disease benefits for the same injury. In other words, this prevents a windfall or a double recovery of benefits, and, thereby, would save the pension system some money. It brings these five pension systems in line with the other pension systems of the State.\u201d (80th Ill. Gen. Assem., Senate Proceedings, June 27, 1977, at 104 (statements of Senator Glass).)\nMost revealing, however, are the comments of Representative Mugalian:\n\u201cIt [the Bill] covers the situation of temporary disability where somebody can receive a benefit under his pension plan and also workmen\u2019s compensation and thereby receive up to 135 to 140% of his gross wages.\u201d 80th Ill. Gen. Assem., House Proceedings, May 11, 1977, at 149 (statements of Representative Mugalian).\nWe find no basis, either in the language of the statute or in its history, for drawing a distinction between temporary and permanent disability benefits. Benefits received from the Retirement Fund, whether temporary or permanent, are to be reduced by the amount of the workers\u2019 compensation award.\nJudgment of the circuit court of Macon County is affirmed.\nAffirmed.\nLUND and GREEN, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE KNECHT"
      }
    ],
    "attorneys": [
      "Wendy L. Morthland, of Willoughby & Latshaw, P.C., of Decatur, for appellant.",
      "Kathleen O\u2019Brien, of Illinois Municipal Retirement Fund, of Chicago, for appellee."
    ],
    "corrections": "",
    "head_matter": "STEVEN K. GENTRY, Plaintiff-Appellant, v. THE ILLINOIS MUNICIPAL RETIREMENT FUND, Defendant-Appellee.\nFourth District\nNo. 4\u201488\u20140873\nOpinion filed April 28, 1989.\nWendy L. Morthland, of Willoughby & Latshaw, P.C., of Decatur, for appellant.\nKathleen O\u2019Brien, of Illinois Municipal Retirement Fund, of Chicago, for appellee."
  },
  "file_name": "0494-01",
  "first_page_order": 516,
  "last_page_order": 518
}