Illinois App Ct Decision: Firefighter Who Retires at Mandatory Retirement Age of 65 Does So Voluntarily & Is Not Eligible for Unemployment Benefits

In a case of first impression, the Illinois Appellate Court First District ruled that an Illinois Firefighter cannot retire at the mandatory retirement age, collect his pension and also be eligible for unemployment benefits. Although it might seem common sensical that would be the case, the wording of the Unemployment Act created issues for the parties at the administrative level, circuit court and appellate level. The Appellate Court also addressed the underlying legal issues by finding an exception to the parties' mootness argument via the public interest exception to mootness and provides a detailed discussion of that doctrine.

The conclusion of the Appellate Court is:

"... an Illinois firefighter who leaves his or her place of employment upon reaching the mandatory retirement age of 65 does so voluntarily absent good cause attributable to the employer and is not eligible to seek unemployment benefits pursuant to the Unemployment Act. Accordingly, we affirm the circuit court judgment reversing the contrary conclusion reached by the Board in this case. "

and...

"There are exceptions to the mootness doctrine, however. For example, the public interest exception to the mootness doctrine permits a court to review an otherwise moot question “when the magnitude or the immediacy of the interests involved warrants action by the court.” Commonwealth Edison Co. v. Illinois Commerce Comm’n, 2016 IL 118129, ¶ 12. The public interest exception is “narrowly construed” (id. ¶ 13) and applies only when “ ‘(1) the question presented is of a public nature; (2) an authoritative determination of the question is desirable for the future guidance of public officers; and (3) the question is likely to recur’ ” (id. ¶ 12 (quoting In re Shelby R., 2013 IL 114994, ¶ 16)). "

"For the public interest exception to apply, there must be “ ‘a clear showing of each criterion.’ ” In re Alfred H.H., 233 Ill. 2d 345, 356 (2009) (quoting In re Marriage of Peters-Farrell, 216 Ill. 2d 287, 292 (2005)). ¶ 27 Here, we find that the public interest exception applies."

Caveat: I drafted and issued the Circuit Court Decision adopted by the Appellate Court.

Here is the link to the full Opinion: https://courts.illinois.gov/Opinions/AppellateCourt/2021/1stDistrict/1182525.pdf