Waliczek v. Retirement Board of the Fireman's Annuity & Benefit Fund

In Waliczek v. Retirement Board of the Fireman's Annuity & Benefit Fund, 318 Ill. App. 3d 32, 36, 741 N.E.2d 272, 251 Ill. Dec. 678 (2000), at issue were two conflicting provisions of the Illinois Pension Code. One provision (40 ILCS 5/6--142(f) (West 1998)) provided that the plaintiff's wife would not be entitled to his pension if he predeceased her, while another provision (40 ILCS 5/6--141.1(c) (West 1998)) indicated that she would be. Waliczek, 318 Ill. App. 3d at 34. The reviewing court determined that the second provision controlled because that section began with the language "notwithstanding the other provisions of this Article." Waliczek, 318 Ill. App. 3d at 36. The reviewing court explained that "notwithstanding" meant "in spite of" and that therefore the second provision was an exception to all other sections in the article and controlled over any other section with which it conflicted. Waliczek, 318 Ill. App. 3d at 36.