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

Plaintiffs Leroy and Dolores Waliczek appeal from an order of the circuit court on administrative review which upheld the determination of the Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago (Board) that section 6 — 142(f) of the Illinois Pension Code (Code) (40 ILCS 5/6 — 142(f) (West 1998)) will prevent Dolores, as Leroy’s current spouse, from receiving a widow’s annuity pursuant to section 6 — 141.1(c) of the Code (40 ILCS 5/6 — 141.1(c) (West 1998)) if Leroy should predecease her. On appeal, plaintiffs contend that section 6 — 141.1(c), enacted subsequent to section…