Neylon v. State

In Neylon v. State (1986), 39 Ill. Ct. Cl. 63, the issue was expressly addressed. The claimant admitted to having suffered a non-occupational related disability stroke and claimed entitlement to a disability pension equal to one-half of the final average compensation he would have been entitled to at the time of the stroke had he not been wrongfully discharged. The argument was that had he been working he would have been entitled to the disability payments as a benefit of being a State employee under the provisions of sections 14--124 and 14--125 of the Pension Code. (Ill. Rev. Stat., ch. 108 1/2, pars. 14--124, 14--125.) Such a benefit is a part of an employee's compensation and is clearly covered in section 111b of the Personnel Code. However, section 111b of the Personnel Code does not provide the Court with jurisdiction. The funds with which such disability benefits are paid are held in a trust and are segregated from other State funds. Determinations of eligibility are made by the Board of Trustees of the Retirement System. Those decisions are subject to administrative review, not review in the Court of Claims. (Ill. Rev. Stat., ch. 108 1/2, par. 14--150.) In Neylon, the claimant was directed to exhaust that remedy. Based on the record in that case, the Court was able to compensate the claimant for the sick days he would have accumulated, and been required to use, as a condition of eligibility to receive the disability payments.