Justice FREEMAN delivered the judgment of the court, with opinion.
¶ 1 Defendant, William J. Heelan, was awarded a line-of-duty disability pension (40 ILCS 5/3-114.1 (West 2010)) by the Board of Trustees of the Vernon Hills Police Pension Fund (Board). Plaintiff, the Village of Vernon Hills (Village), filed a complaint for declaratory relief against Heelan in the circuit court of Lake County. The Village sought a declaration that it was not obligated to pay the health insurance premium for Heelan and his family pursuant to section 10 of the Public Safety Employee Benefits Act (Act). 820 ILCS 320/10 (West 2010). The circuit court entered judgment in favor of Heelan.
¶ 2 A divided panel of the appellate court affirmed. 2014 IL App (2d) 130823, 383 Ill.Dec. 611, 14 N.E.3d 1222. This court allowed the Village's petition for leave to appeal. Ill. S.Ct. R. 315 (eff. Jan.
¶ 4 On December 9, 2009, Heelan was a police officer who had been employed by the Village of Vernon Hills for approximately 20 years. While responding to an emergency call, Heelan slipped on ice and fell on his right side. He was taken by ambulance to a hospital emergency room. Heelan was diagnosed as having a back spasm, a shoulder sprain, and a hip contusion. He was prescribed pain medication and released. On December 22, 2009, an MRI (magnetic resonance imaging) scan was taken of Heelan's right hip.
¶ 5 In January 2010, Dr. Jay Levin conducted an independent medical evaluation of Heelan,
¶ 7 In December 2010, Heelan applied for a line-of-duty disability pension pursuant to section 3-114.1 of the Illinois Pension Code (40 ILCS 5/3-114.1 (West 2010)).
¶ 9 On September 22, 2011, the Village filed a complaint seeking a declaratory judgment that it was not responsible for paying the health insurance premium for Heelan and his family pursuant to the Act.
¶ 10 The Village filed notices of deposition of Drs. Levin, Meis, Jacobs, and Gleason. Relying on Krohe and its progeny, the circuit court granted Heelan's motion to strike the depositions. Heelan thereafter filed a motion in limine to bar any testimony on the issue of whether he had suffered a catastrophic injury pursuant to section 10(a) of the Act. Heelan contended that, pursuant to Krohe, the Village was prohibited from denying that he suffered a catastrophic injury. The court granted Heelan's motion in limine.
¶ 11 On March 18, 2013, the Village made an offer of proof on the issue of whether Heelan suffered a catastrophic injury under section 10(a) of the Act. The offer of proof included the record of the Board proceedings; evidence that was before the Board, including the reports of Drs. Meis, Jacobs, and Gleason; Heelan's medical records, including the reports of Dr. Levin; and Heelan's employment records and performance review. The Village conceded that Heelan was responding to what he reasonably believed to be an emergency, thereby satisfying section 10(b) of the Act.
¶ 12 The cause proceeded to a bench trial. The circuit court granted Heelan's motion for a directed finding that the Village failed to establish that Heelan was not entitled to the Act's health insurance benefit. In support of his counterclaim, Heelan testified that he was awarded a line-of-duty disability pension and that he sought the Act's health insurance benefit from the Village. The circuit court concluded that Heelan was "entitled to his [Act] benefits because he has shown catastrophic injury by way of showing that he received a line-of-duty pension, and there's a stipulation that he was responding to an emergency." The court subsequently entered a written order in favor of Heelan on the Village's complaint and on Heelan's counterclaim.
¶ 13 The Village appealed from the circuit court's judgment that it was obligated
¶ 14 The Village now appeals to this court. We granted the Illinois Municipal League and the Illinois Public Employer Labor Relations Association leave to submit an amicus curiae brief in support of the Village. Ill. S.Ct. R. 345 (eff. Sept. 20, 2010). Additional pertinent background will be discussed in the context of our analysis.
¶ 16 The Village (a) disagrees with this court's construction of the phrase "catastrophic injury" in section 10(a) of the Act, which (b) allegedly denies the Village procedural due process.
¶ 18 We first address the Village's invitation to revisit this court's definition of "catastrophic injury" as used in section 10(a) of the Act. The construction of a statute is a question of law that is reviewed de novo. In re Andrew B., 237 Ill.2d 340, 348, 341 Ill.Dec. 420, 930 N.E.2d 934 (2010); Williams v. Staples, 208 Ill.2d 480, 487, 281 Ill.Dec. 524, 804 N.E.2d 489 (2004).
¶ 19 The primary objective in construing a statute is to ascertain and give effect to the intent of the legislature. Slepicka v. Illinois Department of Public Health, 2014 IL 116927, ¶ 14, 386 Ill.Dec. 605, 21 N.E.3d 368; Citizens Opposing Pollution v. ExxonMobil Coal U.S.A., 2012 IL 111286, ¶ 23, 357 Ill.Dec. 55, 962 N.E.2d 956. When a court construes a statute and the legislature does not amend it to supersede that judicial gloss, we presume that the legislature has acquiesced in the court's exposition of legislative intent. People v. Coleman, 227 Ill.2d 426, 438, 317 Ill.Dec. 869, 882 N.E.2d 1025 (2008); Miller v. Lockett, 98 Ill.2d 478, 483, 75 Ill.Dec. 224, 457 N.E.2d 14 (1983). "Furthermore, after this court has construed a statute, that construction becomes, in effect, a part of the statute and any change in interpretation can be effected by the General Assembly if it desires so to do." Mitchell v. Mahin, 51 Ill.2d 452, 456, 283 N.E.2d 465 (1972); accord Abruzzo v. City of Park Ridge, 231 Ill.2d 324, 343, 325 Ill.Dec. 584, 898 N.E.2d 631 (2008) (and cases cited therein).
As earlier noted, the Village concedes that Heelan satisfied section 10(b) of the Act, which requires that the employee must have been injured or killed as a result of his or her "response to what is reasonably believed to be an emergency." 820 ILCS 320/10(b) (West 2010).
¶ 21 In Krohe v. City of Bloomington, 204 Ill.2d 392, 273 Ill.Dec. 779, 789 N.E.2d 1211 (2003), the sole issue presented was the correct construction of the phrase "catastrophic injury" in section 10(a) of the Act. We observed that "although the legislature made section 10(a)'s application contingent upon the existence of a `catastrophic injury,' the Act nowhere defines `catastrophic injury.'" Id. at 395, 273 Ill.Dec. 779, 789 N.E.2d 1211. We concluded that the phrase was ambiguous, and considered the Act's legislative history and debates in ascertaining the intent of the legislature. Id. at 395-98, 273 Ill.Dec. 779, 789 N.E.2d 1211. Concluding that "the legislative history and debates could not be clearer" (id. at 398, 273 Ill.Dec. 779, 789 N.E.2d 1211), "we construe[d] the phrase `catastrophic injury' as synonymous with an injury resulting in a line-of-duty disability." Id. at 400, 273 Ill.Dec. 779, 789 N.E.2d 1211.
¶ 22 Citing this last-quoted passage from Krohe, the Village contends that "this court did not hold that receipt of a line-of-duty disability pension automatically entitled an injured party to [Act] benefits or that the granting of a line-of-duty disability pension by a pension board necessarily satisfied the elements of proof required under section 10(a) of the Act." In other words, according to the Village, "Krohe did not equate the two concepts" in the sense that proof of a line-of-duty disability pension "irrefutably" establishes a catastrophic injury under section 10(a) of the Act "as a matter of law."
¶ 23 However, that is exactly what this court held in Krohe and subsequent cases. In Nowak, this court explained that "`catastrophic injury' is a term of art, and it means an injury that results in the awarding of a line-of-duty disability pension." Nowak, 2011 IL 111838, ¶ 12, 354 Ill.Dec. 825, 958 N.E.2d 1021 (citing Krohe, 204 Ill.2d at 398-400, 273 Ill.Dec. 779, 789 N.E.2d 1211). We held as follows:
In Nowak we expressly equated the determination of a catastrophic injury with the award of a line-of-duty disability pension.
¶ 24 The Village alternatively contends that the instant facts are distinguishable from those in Krohe and its progeny. The Village observes that the above-discussed case law merely equated the definition of a catastrophic injury with the definition of a line-of-duty disability pension. The Village notes that this court in Krohe never discussed the nature, extent, or cause of Krohe's injuries. Further, this court did not address whether the city was entitled to litigate those issues in that declaratory judgment action. According to the Village, Krohe and its progeny did not hold that the Village was barred from taking discovery or presenting evidence on the issue.
¶ 25 The appellate court correctly viewed this court's precedent as controlling. 2014 IL App (2d) 130823, ¶ 26, 383 Ill.Dec. 611, 14 N.E.3d 1222. Pursuant to Krohe, a pension board's award of a line-of-duty disability pension establishes that the public safety employee suffered a catastrophic injury as required by section 10(a) of the Act. Because the legislature intended an injured public safety employee to be eligible for benefits under section 10(a) of the Act whenever his or her injuries were sufficient to qualify for a line-of-duty disability pension, the pension board's award establishes as a matter of law that the public safety employee suffered a catastrophic injury. See Richter v. Village of Oak Brook, 2011 IL App (2d) 100114, ¶ 16, 354 Ill.Dec. 768, 958 N.E.2d 700. In the case at bar, the appellate court concluded: "Accordingly, where it is uncontroverted that a line-of-duty disability pension has been awarded, section 10(a) is satisfied, and there is no need to engage in discovery or present evidence regarding the claimant's injury." 2014 IL App (2d) 130823, ¶ 26, 383 Ill.Dec. 611, 14 N.E.3d 1222. We agree and so hold.
¶ 26 Finally, the Village contends that section 10(a) of the Act was "certainly never intended to give lifetime insurance benefits, on top of a 65% disability pension (tax free) plus a new income from another job. It should not give [an Act] recipient a greater income and benefits than they [sic] otherwise would have enjoyed but for their injury." The Village argues that by defining "catastrophic" as Krohe did, this court "is all but guaranteeing a windfall that the legislature never intended." The Village argues: "If the legislature intended that the granting of a line of duty pension automatically triggers [Act] benefits then it could have and should have either written [the Act] specifically that way or given the authority to pension boards to make those determinations. But the legislature did neither of those things." (Emphasis in original.)
¶ 27 We decline the Village's invitation to depart from this court's precedent. This court decided Krohe in 2003 and Nowak in 2008, but the legislature has not altered this court's construction of "catastrophic injury" as used in section 10(a) of the Act. "Our interpretation is considered
¶ 28 The Village insists that it was "collaterally estopped" from litigating the issue of whether Heelan had suffered a catastrophic injury under section 10(a) of the Act, and assigns error to the alleged estoppel. We disagree. As with the lower courts, our analysis does not involve collateral estoppel, but rather statutory construction. Heelan's award of a line-of-duty disability pension establishes that he suffered a catastrophic injury as a matter of law.
¶ 30 The Village contends that the cumulative effect of the lower courts' decisions was to deny the Village procedural due process in the declaratory judgment action because the Village was denied the "right to conduct discovery and to defend itself against Heelan's claim that he was entitled to [Act] benefits." We reject this contention for the following reasons.
¶ 31 The federal and Illinois Constitutions protect persons from state governmental deprivations of life, liberty, or property without due process of law. U.S. Const., amend. XIV; Ill. Const. 1970, art. I, § 2. Procedural due process concerns the constitutional adequacy of the specific procedures employed to deny a person's life, liberty, or property interests. Cleveland Board of Education v. Loudermill, 470 U.S. 532, 541, 105 S.Ct. 1487, 84 L.Ed.2d 494 (1985); East St. Louis Federation of Teachers, Local 1220 v. East St. Louis School District No. 189 Financial Oversight Panel, 178 Ill.2d 399, 415, 227 Ill.Dec. 568, 687 N.E.2d 1050 (1997). Due process entails an orderly proceeding wherein a person is served with notice, and has an opportunity to be heard and to present his or her objections, at a meaningful time and in a meaningful manner, in a hearing appropriate to the nature of the case. Armstrong v. Manzo, 380 U.S. 545, 550, 552, 85 S.Ct. 1187, 14 L.Ed.2d 62 (1965); Stratton v. Wenona Community Unit District No. 1, 133 Ill.2d 413, 432-33, 141 Ill.Dec. 453, 551 N.E.2d 640 (1990). The purpose of these requirements is to protect persons from mistaken or unjustified deprivations of life, liberty, or property. Fuentes v. Shevin, 407 U.S. 67, 81, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972); Federation of Teachers, 178 Ill.2d at 415, 227 Ill.Dec. 568, 687 N.E.2d 1050. A procedural due process claim presents a legal question subject to de novo review. WISAM 1, Inc. v. Illinois Liquor Control Comm'n, 2014 IL 116173, ¶ 24, 385 Ill.Dec. 1, 18 N.E.3d 1.
¶ 32 The Village maintains its position that the Act and pension proceedings involve different issues. Citing section 3-114.1 of the Illinois Pension Code (40 ILCS 5/3-114.1 (West 2010)), the Village argues that in a line-of-duty disability pension proceeding, a pension board does not consider whether the injury is "catastrophic." According to the Village: "Each of these statutes presents different issues and requires different proofs. Heelan did not litigate the same issues at the pension board which must be determined in this case." The Village asks: "How then can a court bar the Village from taking any discovery or introducing any evidence regarding the nature, extent or causation of Heelan's injuries in a constitutionally permissible manner?" The Village complains that it "never had any opportunity to litigate anything."
¶ 34 Indeed, the absence of specific criteria for Act benefits is a reminder that the granting of benefits under the Act "is a legislative rather than adjudicative decision. The difference is critical." Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 468 (7th Cir.1988). It is established that the enactment of a statute itself generally affords all of the process that is due. Bi-Metallic Investment Co. v. State Board of Equalization, 239 U.S. 441, 445, 36 S.Ct. 141, 60 L.Ed. 372 (1915); Fumarolo v. Chicago Board of Education, 142 Ill.2d 54, 107-08, 153 Ill.Dec. 177, 566 N.E.2d 1283 (1990). The rationale for this rule is as follows:
The rule applies to legislative changes in entitlements to public benefits. Atkins v. Parker, 472 U.S. 115, 129-30, 105 S.Ct. 2520, 86 L.Ed.2d 81 (1985) (and cases cited therein).
¶ 35 In the case at bar, absent special statutory protection, a public safety officer's employer-sponsored health insurance coverage expired upon the termination of the officer's employment by the award of the line-of-duty disability pension. The Act lengthens such health insurance coverage beyond the termination of the officer's employment. Nowak, 2011 IL 111838, ¶ 17, 354 Ill.Dec. 825, 958 N.E.2d 1021. By enacting the Act, the General Assembly wrought a general and substantive change in the scope of this important public benefit. The Village "had no greater right to advance notice of the legislative change * * * than did any other voters." Atkins, 472 U.S. at 130, 105 S.Ct. 2520. Accordingly, the Village was not deprived of procedural due process in the declaratory judgment action. Rather, the enactment of the Act itself afforded the Village all of the process that it was due.
¶ 37 "[A] state cannot be held to have violated due process requirements when it has made procedural protection available and the plaintiff has simply refused to avail himself of them." Dusanek v. Hannon, 677 F.2d 538, 543 (7th Cir. 1982); see Tampam Farms, Inc. v. Supervisor of Assessments, 271 Ill.App.3d 798, 804, 208 Ill.Dec. 255, 649 N.E.2d 87 (1995). Accordingly, to the extent that the Village's "inability to litigate" at Heelan's disability pension proceeding refers to his catastrophic injury as provided in section 10(a) of the Act, the enactment of the statute itself afforded the Village all of the process that it was due. Locke, 471 U.S. at 108, 105 S.Ct. 1785.
¶ 38 Also, to the extent that the Village's "inability to litigate" at Heelan's disability pension proceeding refers to his award of a line-of-duty disability pension, the Village cannot complain of an alleged procedural due process violation. The Village chose not to petition to intervene in Heelan's disability pension proceeding or otherwise object to the Board's decision, although the Village manager and the attorney for the Village were physically present at the proceeding. If an established procedure exists that appears to provide due process, a plaintiff cannot skip that procedure and use the courts to recover what the plaintiff wants. Alvin v. Suzuki, 227 F.3d 107, 116 (3d Cir.2000). The Village's strategic choice not to petition to intervene in the proceeding constitutes a forfeiture of any procedural due process claim. People v. DeLuca, 302 Ill.App.3d 454, 457, 236 Ill.Dec. 53, 706 N.E.2d 927 (1998); Klein v. Steel City National Bank, 212 Ill.App.3d 629, 634-35, 156 Ill.Dec. 771, 571 N.E.2d 751 (1991); Marlowe v. Village of Wauconda, 91 Ill.App.3d 874, 883, 47 Ill.Dec. 655, 415 N.E.2d 660 (1980); see United States v. Charles George Trucking Co., 823 F.2d 685, 690-91 (1st Cir.1987); Riggins v. Board of Regents of the University of Nebraska, 790 F.2d 707, 711-12 (8th Cir. 1986).
¶ 40 For the foregoing reasons, the judgment of the appellate court is affirmed.
¶ 41 Affirmed.
Chief Justice GARMAN and Justices THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS concurred in the judgment and opinion.