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McHenry Township battalion chiefs sue over pension disagreement

Published: Monday, Jan. 20, 2014 5:38 p.m. CDT • Updated: Friday, Feb. 21, 2014 12:05 a.m. CDT

McHENRY – Two McHenry Township Fire Protection District battalion chiefs have sued the district over their pensions.

Michael Majercik and Joseph Krueger filed the lawsuit last month, arguing that the years they spent as full-time administrators should count toward their pensions, according to Fire Chief Tony Huemann and court documents.

The pension was established in August 2011 when they were made battalion chiefs instead of in May 2006 when Majercik and Krueger argue it should have been.

That disagreement "is the crux of the whole lawsuit," Huemann said, adding that the district's Board of Trustees discussed the lawsuit for the first time at its meeting Saturday and that all their information is still preliminary.

The firefighter pension system is governed by a state statute, which lays out, based on how many years of service participants have, what percentage of their salary they'll receive as a pension.

The two battalion chiefs are asking for those five years of creditable service. They are not seeking any damages.

A call to their attorney Thomas Radja, a Naperville-based lawyer who specializes in police and fire pension law, was not returned.

The third battalion chief, who was promoted to the position in August 2013, is not a party on the lawsuit.

Battalion chiefs are among the few full-time positions at the district. Firefighters, lieutenants and captains are part time.

Krueger joined the district as a part-time firefighter in 1988, and Majercik followed later in 1991, according to court records.

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