Fleming v. Retirement Board of Firemen's Annuity & Benefit Fund

Plaintiff Nancy Fleming appeals from an order of the circuit court of Cook County on administrative review which upheld the determination of the Retirement Board of the Firemen’s Annuity and Benefit Fund of Chicago (Board) that plaintiff was entitled to receive a widow’s annuity pursuant to section 6 — 142(B) of the Illinois Pension Code (Code) (40 ILCS 5/6 — 142(B) (West 2004)) upon her repayment of the refund awarded to her husband’s estate. On appeal, plaintiff contends the Board erred: (1) by requiring plaintiff to repay the refund; (2) by requiring plaintiff to repay the refund with…