Matsuda v. COOK COUNTY EMPLOYEES'AND OFFICERS'ANNUITY AND BENEFIT FUND

At issue is whether appellants, the Cook County Employees’ and Officers’ Annuity and Benefit Fund and the Retirement Board of the County Employees’ Annuity and Benefit Fund of Cook County (hereinafter the Funds), during the period relevant to this dispute, could set up an excess benefit fund as required by section 1 — 116 of the Illinois Pension Code (40 ILCS 5/1 — 116 (West 1996)) without violating section 415 of the Internal Revenue Code (26 U.S.C. § 415 (1988)). The trial court held that the Funds could not and granted their combined motion for summary judgment. The appellate court…