Estate of Smida v. Illinois Municipal Retirement Fund

Plaintiff, the estate of David E Smida, appeals the trial court’s dismissal of its complaint seeking the review of a decision of the Board of Trustees of the Illinois Municipal Retirement Fund (the Board). Plaintiff argues that the court erred by not allowing it leave to amend the complaint and, alternatively, that the court erred by dismissing the complaint. We reverse and remand.

On August 29, 2002, the Board decided the claims of plaintiff and defendant Donna Marcinski, regarding Smida’s retirement fund death benefit. It determined that the death benefit should be paid to Marcinski.

On…