Board of Trustees v. Mathias

The board of trustees of the village of Rosemont filed a declaratory judgment action seeking, among other things, a declaration that the Director of the Department of Insurance erred in ordering the board to establish a firemen’s pension fund under article 4 of the Illinois Pension Code (Ill. Rev. Stat. 1975, ch. 108½, par. 4 — 101 et seq.).

A bench trial was held, and the court (a) entered judgment in favor of the Director, and (b) ordered the Rosemont board to establish an article 4 firemen’s pension fund. We reverse and remand for the reasons set forth below. But first, a brief statement of…