Legal battle over Naperville police chief's pension ends
Naperville police Chief Robert Marshall can collect both his salary and a pension from his years as a police officer now that an appeal in a legal battle about the matter has been dropped.
The Illinois attorney general's office filed the appeal in April but recently decided to have it dismissed, ending a two-year challenge to Marshall's right to receive a police pension while also working as chief, spokeswoman Maura Possley said.
The attorney general's office had been arguing on behalf of the Illinois Department of Insurance that Marshall, while he is being paid as chief, should not be able to collect the pension he received by working as a Naperville police officer for 28 years.
But a DuPage County judge this spring ruled that state law does not prohibit Marshall from receiving the pension he earned during years of previous police service. Possley said the state's attorney's office determined it was unlikely the judge's ruling would be overturned, so the appeal was dropped Oct. 29.
"We felt it was important and appropriate to make our argument in the circuit court, and the judge carefully reviewed all the issues presented," Possley said. "Given the way the law is written, we felt we were not likely to succeed on appeal."
Thomas Radja, Marshall's attorney, said the dismissal of the appeal means Naperville's top cop will continue receiving both his salary and his previously earned pension.
"It means his retirement benefits will continue, as I think they should under the law," Radja said.
Marshall's salary as chief is $158,149 a year, while his annual police pension stood at $104,129 as of earlier this year.
The legal challenge of Marshall's retirement benefits began shortly after he became chief on May 18, 2012. He took the position after spending 28 years as a Naperville police officer and seven years as Naperville's assistant city manager.
Marshall's time as a police officer made him eligible for a police pension, which he began receiving in 2005 when he became assistant city manager. He continued to receive the police pension when he was named police chief.
But by October 2012, the Illinois Department of Insurance began to challenge his pension payouts, saying Marshall had again become a police officer, so the payments should cease until he retires.
The department of insurance sought review first from the Naperville Police Pension Board, which ruled that Marshall never technically resumed active service in the force when he became chief. The department of insurance then appealed that ruling at the county court level, but it was upheld. That led to a second appeal by the attorney general's office, which was dropped last month.
Radja said Marshall now is appealing a separate retirement benefits issue related to the Illinois Municipal Retirement Fund. In September 2012, the city informed Marshall he couldn't participate in IMRF until the issue of whether he could receive his police pension while serving as chief was settled. With that case closed, Radja said Marshall will await an IMRF ruling about if he can re-enroll in the program.