Rosario v. The Retirement Board of the Annuity and Benefit Fund of the City of Chicago

              SECOND DIVISION
March 31, 2008
No. 1-07-2190
GEORGE ROSARIO, ))
Plaintiff-Appellant, ) Appeal from the
v. ) Circuit Court of
) Cook County.
THE RETIREMENT BOARD OF THE POLICEMEN’S )
ANNUITY AND BENEFIT FUND OF THE CITY OF )
CHICAGO; ROBERT F. REUSCHE, President; )
KENNETH A. HAUSER, Vice President; JOHN )
GALLAGHER, JR., Executive Director; DANA R. )
LEVENSON, STEVEN J. LUX, JUDITH C. RICE, ) Honorable
MICHAEL LAZZARO, JAMES P. MALONEY, and ) Peter J. Flynn,
STEVEN M. ROBBINS, Trustees, ) Judge Presiding.
)
Defendants-Appellees. )
JUSTICE SOUTH delivered the opinion of the court:
This appeal arises from an order of the circuit court of Cook County denying plaintiff’s
motion for summary judgment and upholding defendant’s decision to deny plaintiff’s petition for
credit for prior service under the Illinois Pension Code (Pension Code) (40 ILCS 5/1-101.1 et seq.
(West 2006)).
The uncontested facts are as follows: On March 4, 1985, plaintiff, George Rosario, was
appointed to the Chicago police department. Prior to his employment as a Chicago police officer,
he was employed with the Cook County sheriff’s police department as a police officer and a
correctional officer with the Cook County department of corrections for a period of nine years
from September 1, 1976, to March 10, 1985. On April 18, 2006, he filed a written request with