Agents of the Illinois attorney general’s office are appealing last month’s court decision that allows Naperville Police Chief Robert W. Marshall to collect his salary and the pension he received for his prior 28 years of service on the police force.
Representatives of Attorney General Lisa Madigan earlier this month filed a formal appeal of Associate DuPage County Circuit Court Judge Paul M. Fullerton’s March 7 ruling that permits Marshall to collect both his $154,775 chief’s salary and his $104,109 pension for his prior service. The appeal will be heard by the Illinois Appellate Court.
Members of the Naperville Police Pension Fund Board in January 2013 declared Marshall did not re-enter active service when he became chief, and thus could have both his pension and his chief’s salary, a decision decried by Madigan spokeswoman Maura Possley.
The board’s actions were “expressly prohibited by the pension code,” Possley wrote Monday in an email. “Under the pension code, Marshall’s pension payments should be suspended while he serves as police chief.”
Marshall started on the police force as a patrolman, and by 1992 had risen to the rank of captain. He resigned in 2005 to become Naperville’s assistant city manager and served in that post until May 2012, when he was appointed chief of police.
Officials of the Illinois Department of Insurance contended Marshall re-entered active police service when he accepted that appointment. They argued it meant he could no longer continue drawing an estimated $75,000 annually from the police pension fund for his prior service.
The department of insurance is represented by Madigan’s office. Madigan’s lieutenants had argued to Fullerton that Marshall has a police badge and all the authority of a sworn officer. A police pension fund lawyer countered Marshall does not receive the benefits afforded sworn officers.
It could not be immediately learned Monday when the appellate court judges might hear Madigan’s appeal.