Surviving Spouse Entitled to Benefits Where Marriage Occurred While the Officer was Suspended from Duty on a Disability Pension and Not Separated or Retired
By: Thomas S. Radja Jr.
In the case of Buenik v. Cicero Police Pension Fund, the Illinois Appellate Court reversed the Cicero Police Pension Board, holding the surviving spouse was entitled to survivor benefits. The Appellate Court held Section 3-120(a) of the Pension Code bars spouses from receiving benefits who marry after “retirement on any pension,” but only if the officer was actually retired at the time of marriage.
Officer George Buenik was injured on duty in 1983 and began a line-of-duty disability pension effective November 16, 1984. He married Debra Buenik on September
23, 1988, four years after receiving a duty disability pension. Buenik converted his disability pension to a service pension on December 1, 1994, under section 3-116.1.
Officer Buenik died on February 2, 2022, and Debra applied for a surviving spouse pension.
Prior to his death, Officer Buenik inquired with the Illinois Department of Insurance (IDOI) as to whether his wife would be entitled to a survivor pension upon his
death. The IDOI responded in the affirmative, indicating it was the IDOI’s position that his wife would be entitled to a survivor pension upon his death. Upon his death, Debra
Buenik requested survivor benefits from the Pension Fund, which the Pension Board denied, relying upon the case of Stec v. Oak Park Police Pension Fund, 355 Ill.App.3d
974 (2005).
Debra Buenik appealed the Board’s denial of benefits. In reversing the Pension Board’s decision, the Illinois Appellate Court interpreted Section 3-120(a), which states in
pertinent part as follows: “If a police officer marries subsequent to retirement on any pension under this Article … the surviving spouse and the children of such surviving
spouse shall receive no pension on the death of the officer…” The Illinois Appellate Court found Officer Buenik was not retired when he married Debra in 1988 because he had not retired or otherwise severed police service, but was suspended on disability. The Court held Section 3-120(a) therefore did not bar Debra’s surviving spouse benefit. The Illinois Appellate Court reversed the Pension Board’s denial of survivor benefits and directed the Board to provide a surviving spouse
benefit.
Based on this decision, it is critical for a Pension Board to determine if the marriage occurred while the officer was on disability suspension or whether the marriage
occurred after a separation or retirement. Buenik v. Cicero Police Pension Fund, Illinois Appellate Court, First District, Decided
August 21, 2026
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