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Tuesday, May 3, 2016

Police Officer's PSEBA Claim Barred by Statute of Limitations

In 2001, a police officer was awarded a line of duty pension in 2000, after suffering injuries in 1992, and then again in 2000. Shortly after he was granted his disability pension, he contacted the Village requesting that it pay his health insurance premiums under PSEBA. The Village denied the request on the basis that he was injured before PSEBA took effect in 1997. The officer made a second request in 2003, but received no response.

10 years later, the officer filed a lawsuit against the Village. The trial court ruled in the Village's favor, finding he was not entitled to health insurance benefits because PSEBA was not in effect when he was injured.  The officer appealed, and the appellate court affirmed the trial court's ruling in favor of the Village, but on different grounds. Specifically, the appellate court ruled that the officer's lawsuit was not timely because it was not filed within the 5 year statute of limitations.  Hancock v. Village of Itasca, 2016 IL App (2d) 150677. As a result, the officer was not entitled to PSEBA benefits.

Post authored by Julie Tappendorf


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