Kozak v. Retirement Board of the Firemen's Annuity & Benefit Fund

In Kozak v. Retirement Board of the Firemen's Annuity & Benefit Fund, 170 Ill. App. 3d 1095, 524 N.E.2d 1049, 121 Ill. Dec. 1 (1988), the widow received section 6-140 benefits in 1970 when her husband died, but in 1978 the Board reduced her payments because her husband would have reached the mandatory retirement age of 63. Kozak, 170 Ill. App. 3d at 1096-97. In her 1986 class action lawsuit, the widow sought to establish her right to the higher benefit payment and alleged that the firefighters' mandatory retirement age violated a federal statute. Kozak, 170 Ill. App. 3d at 1097. The court held that the widow's 1986 complaint was time barred because she failed to establish her right to receive the higher pension within five years from the date her cause of action arose in 1978 when the Board terminated her compensation annuity. Kozak, 170 Ill. App. 3d at 1097. Kozak did not address an opinion's retroactive application but, rather, distinctions in applying the statute of limitations to claims that attempt to establish a right to a pension versus claims that attempt to recover installment payments. Kozak, 170 Ill. App. 3d at 1097.