The Illinois Supreme Court held that police officers who successfully challenge the discontinuation of their duty disability benefits can recover attorney fees and costs under section 5-228(b) of the Illinois Pension Code. The unanimous decision in *Rainey v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago* (2025 IL 131305) expands protections for officers seeking to restore discontinued benefits through administrative review.
Justice O'Brien delivered the court's opinion, with Chief Justice Neville and Justices Theis, Overstreet, Holder White, Cunningham, and Rochford concurring. The case centered on whether plaintiff Tamica Rainey could recover attorney fees after the appellate court ordered the Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago to restore her duty disability benefits.
Rainey, a Chicago police officer, sustained injuries in car accidents while on duty in 2013 and 2015. She applied for duty disability benefits in 2016 and was awarded them in 2017 under section 5-154 of the Pension Code for neck and shoulder injuries. As required under section 5-156 of the Pension Code, Rainey submitted to annual examinations to review her disability status.
The case arose when the Board scheduled a March 2022 status hearing to determine whether Rainey's duty disability benefits should be continued, modified, or discontinued. Rainey appeared before the Board on March 24, 2022, and requested a continuance to obtain counsel and medical records, which the Board granted. She subsequently submitted additional medical records to support her continued eligibility for benefits.
The central legal question before the Supreme Court involved interpreting section 5-228(b) of the Illinois Pension Code, which governs attorney fee awards in pension benefit disputes. The court had to determine whether this statute authorized an award of attorney fees and costs to officers who successfully challenge benefit discontinuations through administrative review.
The Supreme Court's interpretation of section 5-228(b) represents a significant development for police officers navigating pension benefit disputes. The statute now clearly authorizes attorney fee recovery for officers like Rainey who successfully challenge the discontinuation of their duty or occupational disease disability benefits on administrative review.
This ruling addresses a critical gap in protection for disabled police officers who face the financial burden of legal representation when challenging benefit determinations. Prior to this decision, officers who successfully restored their benefits through administrative appeals faced uncertainty about whether they could recover the costs of legal representation necessary to vindicate their rights.
The decision strengthens the position of police officers who must navigate complex administrative procedures to maintain their disability benefits. By allowing attorney fee recovery, the court removes a significant financial barrier that might otherwise deter officers from challenging improper benefit discontinuations.
The unanimous nature of the decision underscores the court's confidence in its interpretation of the pension code. All seven justices agreed that the statute should be read to protect officers who successfully challenge benefit determinations, signaling strong judicial support for this interpretation.
For the Retirement Board and similar pension funds, the decision creates additional financial exposure when they improperly discontinue benefits. Boards must now consider that unsuccessful benefit termination decisions may result in liability for the officer's attorney fees and costs, potentially encouraging more careful review of discontinuation decisions.
The ruling also has broader implications for administrative law in Illinois, as it clarifies when prevailing parties in administrative review proceedings can recover attorney fees under specific statutory provisions. This interpretation may influence how courts approach similar fee-shifting statutes in other administrative contexts.
The decision comes at a time when police pension benefits face increased scrutiny and financial pressure from municipal governments. By strengthening procedural protections for officers challenging benefit determinations, the court reinforces the importance of due process in pension administration.
Legal practitioners representing police officers in pension disputes will likely view this decision as a significant victory. The ability to recover attorney fees makes it more economically viable for officers to challenge improper benefit terminations, potentially leading to more rigorous enforcement of pension rights.
The Supreme Court's ruling in *Rainey* establishes important precedent that will guide future disputes involving police disability benefits in Illinois. Officers who face benefit discontinuations now have stronger legal protections and clearer pathways to challenge adverse determinations without bearing the full financial burden of legal representation.
The decision reinforces Illinois's commitment to protecting the pension rights of police officers who suffer duty-related injuries. By ensuring that successful challenges to benefit discontinuations can result in attorney fee recovery, the court has strengthened the enforcement mechanisms that protect these critical benefits for injured officers and their families.