Illinois Municipal Retirement Fund v. City of Barry

Mr. PRESIDING JUSTICE CRAVEN

delivered the opinion of the court:

This is an appeal from a declaratory judgment action in which the plaintiff, Illinois Municipal Retirement Fund (the Fund), received a judgment upholding its position that the defendant, City of Barry, had taken all the necessary steps and was, consequently, a participant in the Fund.

Under section 7 — 132 of the Illinois Pension Code (Ill. Rev. Stat. 1975, ch. 108½, par. 7—132), towns under 5,000 in population which are not controlled by town electors (Barry has a mayor-aldermanic government) are not automatically required to join…