{ "id": 2540930, "name": "RICHARD G. FALATO, Plaintiff-Appellant, v. TEACHERS' RETIREMENT SYSTEMS OF THE STATE OF ILLINOIS, Defendant-Appellee", "name_abbreviation": "Falato v. Teachers' Retirement Systems", "decision_date": "1991-01-28", "docket_number": "No. 1-88-3493", "first_page": "419", "last_page": "425", "citations": [ { "type": "official", "cite": "209 Ill. App. 3d 419" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "109 S. Ct. 262", "category": "reporters:federal", "reporter": "S. Ct.", "opinion_index": 0 }, { "cite": "102 L. Ed. 2d 250", "category": "reporters:federal", "reporter": "L. Ed. 2d", "opinion_index": 0 }, { "cite": "488 U.S. 909", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1493664, 1495447, 1494688, 1494661, 1495175, 1493576, 1494730, 1494861, 1494799, 1493426, 1493237, 1493239, 1495518 ], "opinion_index": 0, "case_paths": [ "/us/488/0909-08", "/us/488/0909-07", "/us/488/0909-05", "/us/488/0909-09", "/us/488/0909-04", "/us/488/0909-02", "/us/488/0909-06", "/us/488/0909-12", "/us/488/0909-11", "/us/488/0909-01", "/us/488/0909-03", "/us/488/0909-13", "/us/488/0909-10" ] }, { "cite": "522 N.E.2d 1195", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1988, "opinion_index": 0 }, { "cite": "122 Ill. 2d 303", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5549861 ], "year": 1988, "pin_cites": [ { "page": "309-10" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/122/0303-01" ] }, { "cite": "105 S. Ct. 296", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1988, "opinion_index": 0 }, { "cite": "83 L. Ed. 2d 231", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1988, "opinion_index": 0 }, { "cite": "469 U.S. 918", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12026752, 12026848, 12026818, 12026884, 12027046, 12027087, 12026801, 12026973, 12026773, 12027191, 12027162, 12026940, 12026909, 12027006 ], "year": 1988, "opinion_index": 0, "case_paths": [ "/us/469/0918-01", "/us/469/0918-05", "/us/469/0918-04", "/us/469/0918-06", "/us/469/0918-11", "/us/469/0918-12", "/us/469/0918-03", "/us/469/0918-09", "/us/469/0918-02", "/us/469/0918-14", "/us/469/0918-13", "/us/469/0918-08", "/us/469/0918-07", "/us/469/0918-10" ] }, { "cite": "464 N.E.2d 1064", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "102 Ill. 2d 210", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 3156756 ], "weight": 2, "year": 1984, "pin_cites": [ { "page": "220" }, { "page": "220" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/102/0210-01" ] }, { "cite": "426 N.E.2d 824", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "86 Ill. 2d 1", "category": "reporters:state", "reporter": "Ill. 2d", "case_ids": [ 5469983 ], "pin_cites": [ { "page": "18" } ], "opinion_index": 0, "case_paths": [ "/ill-2d/86/0001-01" ] }, { "cite": "494 N.E.2d 664", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "144 Ill. App. 3d 735", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 3500129 ], "pin_cites": [ { "page": "738" } ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/144/0735-01" ] } ], "analysis": { "cardinality": 588, "char_count": 13372, "ocr_confidence": 0.756, "pagerank": { "raw": 1.1380662873860112e-07, "percentile": 0.5777877397485336 }, "sha256": "f09df5a3b1a746d7420196c11c05c26680e3c0bcced06d5a39280b7fc127ca87", "simhash": "1:ac9fedd52a130b79", "word_count": 2144 }, "last_updated": "2023-07-14T17:00:55.726214+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "RICHARD G. FALATO, Plaintiff-Appellant, v. TEACHERS\u2019 RETIREMENT SYSTEMS OF THE STATE OF ILLINOIS, Defendant-Appellee." ], "opinions": [ { "text": "JUSTICE O\u2019CONNOR\ndelivered the opinion of the court:\nRichard G. Falato appeals from a judgment of the circuit court of Cook County which affirmed the Teachers\u2019 Retirement System of the State of Illinois\u2019 (the TRS\u2019) decision denying pension service credit for the 1962-65 school years when Falato was employed by a private corporation.\nAt the administrative hearing, Falato, appearing pro se, and the TRS staff, represented by counsel, presented the following as agreed facts: (1) that during the 1962-63, 1963-64 and 1964-65 school years, Falato was employed by Music Educational Services, Inc. (MESI), a private corporation; (2) that for those school years, he was assigned to the Midlothian Elementary Public School District 143 (the District) in Midlothian, Illinois, and worked full time as the director of the school\u2019s band program; and (3) that Falato was a certified teacher during those school years.\nAdditionally, Falato and the TRS provided the following statutes to the board as the applicable law. The first statutory provision was section 16 \u2014 106(1) of the Illinois Pension Code (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 16 \u2014 106(1)), which states:\n\u201cTeacher. \u2018Teacher\u2019: The following individuals, provided they are employed on a full-time basis, or if not full-time, on a permanent and continuous basis in a position in which services are expected to be rendered for at least one school term:\n(1) Any educational, administrative, professional or other staff employed in the public common schools included within this system in a position requiring certification under the law governing the certification of teachers.\u201d (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 16-106(1).)\nAlso section 16 \u2014 127(a)(3) (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 16\u2014 127(a)(3)) was provided, which states:\n\u201cCreditable service \u2014 computation of credits.\n(a) The following periods of service shall be considered creditable service, and each member shall receive credit for all such service for which satisfactory evidence is supplied, as of the dates specified:\n* * *\n(3) Service in a capacity essentially similar or equivalent to that of a teacher, in the public common schools in school districts in this State not included within the provisions of this system, or of any other State, territory, dependency or possession of the United States, or in schools operated by or under the auspices of the United States, or under the auspices of any agency or department of any other State, and service during any period of professional speech correction or special education experience for a public agency on a full or part-time basis within this State or any other State, territory, dependency or possession of the United States, for a period not exceeding the lesser of 2/s of the total creditable service of the member or 10 years ***.\u201d (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 16-127(a)(3).)\nFurther, Falato submitted two letters for the TRS Board to consider at the administrative hearing. The first letter was written by the ME SI president, which stated that Falato was employed as a music teacher by ME SI during the 1962-65 school years; that pursuant to a MESI/District 143 contract, he was assigned to the District; and that Falato worked full time as the District\u2019s band program director. The second letter was written by the District\u2019s superintendent, which stated that during the relevant time, Falato was not on the District\u2019s payroll but that Falato worked full time as the District\u2019s music teacher from 1962-65.\nAt the administrative hearing, Falato contended that he should be granted credit for 1962-65 because he was a certified teacher working in the public common schools. He stated that he felt that it was a mere technicality that he was not working directly for the district but rather that the school board paid the association and that the association paid him; that the rules can be bent a little; that as teachers, they need to look out for each other; that he would like credit for the three years because it would help him financially; and that ME SI contributed on his behalf to social security. Moreover, Falato admitted that he understood, according to the law, that he would not get service credit; that he was asking the TRS Board to \u201cbend the law\u201d; and that he knew what the law was, but as teachers they had to help each other.\nThe TRS\u2019 position was that employment as a teacher through a private corporation has never been creditable with the system, and that TRS service credit is attained by a member who is employed to provide teaching services by a public school or State agency.\nSubsequently, the TRS Board issued its administrative decision denying Falato service credit because Falato was not a \u201cteacher\u201d according to statute.\nThereafter, Falato sought administrative review in the circuit court of Cook County. In the circuit court, Falato\u2019s attorney argued that the TRS Board applied an erroneous statutory definition of \u201cteacher.\u201d Falato\u2019s attorney contended that section 16 \u2014 106(a) (Ill. Rev. Stat. 1963, ch. 108\u00bd, par. 16 \u2014 106(a)) should have been applied, which states:\n\u201cAny teacher, teacher-secretary, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, business manager, school nurse, or librarian who teaches or is employed in the public common schools included within this system on a full-time basis and who is certified under the law governing the certification of teachers ***.\u201d (Ill. Rev. Stat. 1963, ch. 108\u00bd, par. 16-106(a).)\nAfter hearing the parties\u2019 arguments, the trial court affirmed the judgment of the TRS Board denying Falato service credit for 1962-65. Falato appeals.\nFor the reasons set forth below, we affirm the judgment of the circuit court.\nUnder the Administrative Review Act (Act), the circuit court has the power to review any final administrative decision and to consider all questions of law and fact presented by the entire record before the court. (Ill. Rev. Stat. 1987, ch. 110, par. 3 \u2014 110.) The Act also provides that the circuit court has the authority to \u201caffirm or reverse the decision [of the administrative agency] in whole or in part.\u201d (Ill. Rev. Stat. 1987, ch. 110, par. 3 \u2014 111(a)(5).) It is well settled in Illinois that the decision of an administrative agency will only be reversed if it is legally erroneous or factually against the manifest weight of the evidence. (Saipe v. Public School Teachers\u2019 Pension & Retirement Fund (1986), 144 Ill. App. 3d 735, 738, 494 N.E.2d 664.) Falato argues that the TRS Board\u2019s and the circuit court\u2019s decisions were legally erroneous. In particular, Falato contends that the applicable definition of \u201cteacher\u201d for purposes of service credit eligibility included him during the 1962-65 school years.\nOur analysis begins with an examination of the relevant laws in effect during the 1962-65 school years. For the 1962-63 school year, laws relating to teachers\u2019 pension eligibility were contained in section 25 of the School Code. (Ill. Rev. Stat. 1961, ch. 122, par. 1 et seq.) The applicable definition of \u201cteacher\u201d stated:\n\u201c \u2018Teacher\u2019 means any teacher, teacher-secretary, substitute teacher, supervisor, principal, supervising principal, superintendent or assistant superintendent, business manager, school nurse, or librarian who teaches or is employed in the public common schools in school districts included within the provisions of this retirement system on a full-time basis and who is certified under the law governing the certification of teachers ***.\u201d (Emphasis added.) Ill. Rev. Stat. 1961, ch. 122, par. 25\u2014 4.\nIn 1963, section 25 of the School Code was repealed by section 23 of the Illinois Pension Code (Ill. Rev. Stat. 1963, ch. 108\u00bd, pars. 23 \u2014 101, 23 \u2014 102). However, the definition of \u201cteacher\u201d originally contained in section 25 of the School Code was recodified verbatim in section 16 \u2014 106(a) of the Illinois Pension Code (Ill. Rev. Stat. 1963, ch. 108\u00bd, par. 16 \u2014 106(a)). In recodifying the definition of \u201cteacher\u201d and other provisions originally contained in the School Code, the Illinois Pension Code expressly stated that it \u201cshall grant no lesser or greater rights, credits, equities, pensions or other benefits than existed under such Acts or parts of Acts so repealed and incorporated *** except as they may be changed hereafter by specific amendment to this Code.\u201d (Ill. Rev. Stat. 1963, ch. 108\u00bd, par. 23\u2014 101.) Therefore, whatever \u201cteacher\u201d meant under the School Code, its meaning was not altered by its recodification in the Illinois Pension Code.\nFalato argues that \u201cteacher\u201d as defined in the Illinois Pension Code (and, by implication, in the School Code) includes any certified teacher who teaches in Illinois public common schools, whether or not such teacher is actually employed by an Illinois school district. Falato bases his interpretation on the use of the words \u201cteaches or is employed in the public common schools,\u201d asserting that the implication created therefrom is that only one of the two criteria need be met, i.e., that a teacher need only teach in or be employed in the public common schools. Since Falato taught in public common schools, he argues that he need not have also been an employee of the public common schools. On the basis of this interpretation, Falato contends that he is entitled to service credit for the 1962-65 school years, even though he was in fact an employee of and compensated by ME SI, rather than the school district.\nWe disagree with Falato\u2019s interpretation of section 25 of the School Code and section 16 \u2014 106(a) of the Illinois Pension Code. While the language of section 25 of the School Code and section 16 \u2014 106(a) of the Illinois Pension Code is arguably ambiguous, we find that use of the words \u201cteaches or is employed by\u201d was not, as Falato contends, intended to distinguish between teachers who are employees in the public common schools and teachers who are not employees but who nevertheless render teaching services in the public schools. Rather, such words were intended to distinguish between persons rendering actual teaching services and certain other persons (such as principals, librarians, school nurses, etc.) who, while not \u201cteachers\u201d in the traditional sense, nevertheless were to be accorded similar rights under the Pension Code.\nIn any event, the foregoing ambiguity was expressly and retroactively resolved by the Hlinois legislature in 1984 when it amended the Illinois Pension Code. As amended, section 16 \u2014 106(1) (which replaces section 16 \u2014 106(a) of the Illinois Pension Code) defines \u201cteacher\u201d to include \u201cany educational, administrative, professional or other staff employed in the public common schools included within this system in a position requiring certification under the law governing the certification of teachers.\u201d (Emphasis added.) (Ill. Rev. Stat. 1987, ch. 108\u00bd, par. 16 \u2014 106(1).) Therefore, under the revised definition, an individual must actually be employed in the public common school system in order to qualify as a \u201cteacher\u201d and, therefore, to be eligible for service credit.\nAsa general matter, \u201c[without an express statutory provision stating an act is to have retroactive effect, it can only be applied prospectively.\u201d (Village of Wilsonville v. SCA Services, Inc. (1981), 86 Ill. 2d 1, 18, 426 N.E.2d 824.) However, where an amendment merely clarifies existing law, the foregoing proposition does not apply, and the amendment applies retroactively. (Continental Illinois National Bank & Trust Company v. Lenckos (1984), 102 Ill. 2d 210, 220, 464 N.E.2d 1064, cert. denied (1984), 469 U.S. 918, 83 L. Ed. 2d 231, 105 S. Ct. 296; see also Rivard v. Chicago Fire Fighters Union, Local No. 2 (1988), 122 Ill. 2d 303, 309-10, 522 N.E.2d 1195, cert. denied (1988), 488 U.S. 909, 102 L. Ed. 2d 250, 109 S. Ct. 262.) The legislative history of the 1984 House Bill amending the Illinois Pension Code clearly manifests the legislature\u2019s intention that the changes \u201cmakes [sic] numerous clarifying and simplifying and other technical changes and removes obsolete material\u201d and that \u201cthe Bill contains no substantive changes.\u201d (Emphasis added.) (83rd Ill. Gen. Assem., House Proceedings, May 18, 1984, at 2-3 (Statements of Representative Terzich).) While the legislative history is not determinative, it nevertheless may support a finding of retroactivity. See Lenckos, 102 Ill. 2d at 220.\nOn the basis of both the legislative history and our review of the various definitions of \u201cteacher\u201d contained in the School Code, the Illinois Pension Code and the 1984 House Bill, we find that the 1984 amendment to section 16 \u2014 106(a) of the Illinois Pension Code was merely a clarification of the definition of \u201cteacher\u201d and therefore applied retroactively. Accordingly, since Falato was not employed by the school district during the relevant period, he was not entitled to service credit for such period.\nConsequently, the judgment of the circuit court of Cook County is affirmed.\nAffirmed.\nMANNING, PJ., and CAMPBELL, J., concur.", "type": "majority", "author": "JUSTICE O\u2019CONNOR" } ], "attorneys": [ "David S. Morris and Frederick J. Sentman, both of Chicago, for appellant.", "Winston & Strawn, of Chicago (Stephen S. Morrill, of counsel), for appellee." ], "corrections": "", "head_matter": "RICHARD G. FALATO, Plaintiff-Appellant, v. TEACHERS\u2019 RETIREMENT SYSTEMS OF THE STATE OF ILLINOIS, Defendant-Appellee.\nFirst District (1st Division)\nNo. 1-88-3493\nOpinion filed January 28, 1991.\nDavid S. Morris and Frederick J. Sentman, both of Chicago, for appellant.\nWinston & Strawn, of Chicago (Stephen S. Morrill, of counsel), for appellee." }, "file_name": "0419-01", "first_page_order": 441, "last_page_order": 447 }