The flap over Naperville's police chief collecting both salary and pension benefits will not be settled until next year.
In court Thursday, Judge Paul Fullerton ruled that more information is needed, and the case would be continued until Feb. 14, 2014.
The Illinois Department of Insurance had requested the judicial review of the matter, whether police chief Bob Marshall should continue receiving pension benefits.
Marshall spent 27 years with the Naperville Police Department before retiring in 2005, when he became Naperville's assistant city manager. At that time, he was able to begin collecting his police pension while also contributing to the Illinois Municipal Retirement Fund.
On May 18, 2012, he was sworn in as Naperville's police chief. In addition to his $151,000 salary, Marshall has continued to receive his police pension that currently stands at $8,425 per month and, until early September, contribute to IMRF.
After considering testimony from the city and from the Department of Insurance, the Naperville Police Pension Board earlier this year voted in favor of Marshall continuing to receive his pension payments. The state department appealed the decision in April.
Attorneys for Marshall, the City of Naperville, the Police Pension Fund and the Department of Insurance all were in court Thursday afternoon.
After all lawyers agreed that the facts of the case were not in dispute, the judge recognized that the Department of Insurance had filed a recent brief that cited Illinois pension statutes that define the meaning of "participant" and "beneficiary."
"Along with the merits of the case, what they did was to bring up two novel arguments," said Laura Goodloe, representing the police pension fund. "We're being asked to file briefs over whether there's merit to that, and the court wanted to make sure we had adequate time to respond."
According to Section 3-108.2 of the Illinois Pension Code, a 'participant' is a police officer or deferred pensioner of a pension fund, or a beneficiary of the pension fund. Section 3-108.3 defines a 'beneficiary' as a person receiving benefits from a pension fund, including, but not limited to, retired pensioners, disabled pensioners, their surviving spouses, minor children, disabled children, and dependent parents.
"We were ready to argue today, I'd rather this had come to a decision," said Thomas Radja, an attorney representing Marshall. "What the DOI did was to cite two new statutes in their argument. I don't think it's going to have any effect on how the court rules."