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Friedman & Rochester v. Walsh

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eBook details

  • Title: Friedman & Rochester v. Walsh
  • Author : Supreme Court of Illinois
  • Release Date : January 20, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

This appeal involves the constitutionality of the provision of the Illinois Pension Code (Ill. Rev. Stat. 1975, ch. 108 1/2, par. 6-213) which grants immunity from garnishment orders to pensions and annuities paid pursuant to the Firemen's Annuity and Benefit Fund. The circuit court of Cook County held section 6-213 of the Code unconstitutional and in violation of the equal protection clauses of the United States and Illinois constitutions (U.S. Const., amend. XIV; Ill. Const. 1970, art. I, sec. 2). The circuit court further found section 6-213 to be in violation of the special legislation provisions of the Illinois Constitution (Ill. Const. 1970, art. IV, sec. 13). Because a statute had been declared unconstitutional, a direct appeal to this court was taken pursuant to our Rule 302(a) (58 Ill.2d R. 302(a)). We now reverse the judgment of the circuit court.


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