Justice ZENOFF delivered the judgment of the court, with opinion.
¶ 1 Plaintiff, Thomas Swoboda, appeals from an order of the circuit court of Kane County affirming the decision of the Board of Trustees of the Village of Sugar Grove Police Pension Fund (Board) denying plaintiff's application for line-of-duty disability benefits and instead awarding him nonduty benefits. We affirm.
¶ 2 Plaintiff filed his application on February 4, 2013, and the Board later granted the Village of Sugar Grove (Village) leave to intervene in the proceedings. Evidence admitted at the hearing on plaintiff's application establishes that plaintiff joined the Sugar Grove police department (Department) in 2005. On October 15, 2011, plaintiff participated in physical-fitness testing conducted by the Department. Plaintiff testified that he learned about the testing "[e]ither by e-mail from Chief Sauer or verbal." Officer William Bruno supervised the testing.
¶ 3 As part of the testing, plaintiff performed a bench press. Asked how much weight he was required to bench press, plaintiff responded, "It was a certain percentage of your weight. It was probably 200-something, around there." While performing the bench press, plaintiff felt a "pull or strain" in his shoulder. Plaintiff was able to complete the testing. Later that day he felt as though he had pulled a muscle in his shoulder. He sought treatment for his shoulder a few days later. Initially, a course of physical therapy was prescribed, but it did not result in any improvement. Surgery and additional physical therapy resulted in only slight improvement. A second surgical procedure
¶ 4 Bruno testified that he administered the physical-fitness testing. According to Bruno, the chief of police, Brad Sauer, told him to conduct the testing in the same manner that it had been conducted the previous year. Exhibits admitted at the hearing include an e-mail concerning fitness testing conducted in 2010. That e-mail indicated that all officers would be required to participate in the testing pursuant to the collective bargaining agreement between the Village and its officers and that the testing would consist of a 1.5-mile run, a 300-meter run, sit-ups, and a "[b]ench press—75% of body weight up to a maximum of 175 pounds or 30 consecutive push ups." Asked whether participation in the testing was mandatory, Bruno responded:
¶ 5 Bruno recorded the results of the tests. He turned the results over to Sauer, but, according to Bruno, "what he did with it was a mystery." Bruno testified that not every officer passed the tests. Bruno had no idea what happened to the officers who did not. Asked if he was aware of any civilian occupations with similar physical-fitness requirements, Bruno responded, "No. I mean, besides the NFL where they have a physical before camp. That's about it."
¶ 6 Based on this evidence, the Board found that plaintiff was entitled only to a nonduty disability pension. Plaintiff filed a timely complaint for administrative review and the trial court affirmed the Board's decision. This appeal followed.
¶ 7 On appeal from a judgment in an administrative-review proceeding, we review the agency's decision, not the trial court's. Fedorski v. Board of Trustees of the Aurora Police Pension Fund, 375 Ill.App.3d 371, 372, 313 Ill.Dec. 720, 873 N.E.2d 15 (2007). As we noted in Fedorski:
¶ 8 As pertinent here, section 3-114.1(a) of the Illinois Pension Code (Code) (40 ILCS 5/3-114.1(a) (West 2012)) provides:
Under section 3-114.2 of the Code (40 ILCS 5/3-114.2 (West 2012)), a police officer who becomes disabled as a result of any cause other than an act of duty is entitled to a pension equal to 50% of the salary attached to the officer's rank at the date of suspension of duty or retirement.
¶ 9 For purposes of section 3-114.1(a), the definition of "act of duty" set forth in
¶ 10 In its written decision, the Board concluded that plaintiff's participation in the fitness testing did not involve a special risk. The Board made no specific finding with respect to the second prong—i.e. whether plaintiff was performing an act imposed by statute, ordinance, or police regulation. Plaintiff notes that the collective bargaining agreement between the Village and its officers gave the Department the authority to require fitness testing. In plaintiff's view, the second prong was satisfied inasmuch as the collective bargaining agreement was a "creature of Illinois statute"—namely section 7 of the Illinois Public Labor Relations Act (5 ILCS 315/7 (West 2012)). The Village responds that that provision "simply imposes a `duty to bargain' on a public employer and the exclusive representative of public employees; it does not in any way address the duties imposed on a police officer." The Village further argues that the record shows that plaintiff was injured when he attempted to bench press 200 pounds, even though, under the test protocol, he would have been required to bench press only 75% of his body weight up to a maximum of 175 pounds. Not long after plaintiff was injured, his weight was recorded at 220 pounds. At that weight, he would have been required to bench press 165 pounds to pass the test. Plaintiff points to evidence in the record indicating that there was no bathroom scale available when the bench-press test was conducted and that Bruno asked each officer how much he or she weighed. That does not explain why plaintiff attempted to bench press 25 pounds more than was necessary to pass the test. It is not clear from the record whether it was plaintiff's decision to do so or whether he did so at someone else's behest.
¶ 11 We need not decide whether plaintiff was required to bench press 200 pounds (as opposed to some lower weight). Nor need we decide whether, by virtue of the collective bargaining agreement and the Illinois Public Labor Relations Act, participation in fitness testing satisfies the second prong of the "act of duty" test. Because the bench-press test did not involve "special risk, not ordinarily assumed by a citizen in the ordinary walks of life" (40 ILCS 5/5-113 (West 2012)), even if we were to resolve those questions in plaintiff's favor, his attempt to perform the test would not constitute an "act of duty."
¶ 12 In Johnson v. Retirement Board of the Policemen's Annuity & Benefit Fund,
¶ 13 In Johnson, a police officer assigned to direct traffic was summoned by a citizen for assistance in connection with a traffic accident. The officer slipped and sustained a disabling injury while crossing the street to respond. In holding that the officer was entitled to a line-of-duty disability pension, the court reasoned that the officer "was discharging his sworn duties * * * by responding to the call of a citizen to investigate an accident." Johnson, 114 Ill.2d at 522, 104 Ill.Dec. 221, 502 N.E.2d 718. While the precise mechanism of the injury (slipping while crossing the street) did not represent any special risk of police work, it did not disqualify the officer from receiving line-of-duty benefits for a disabling injury incurred while discharging a duty (investigating an accident) that involved the protection of the public. Id. The court noted that "[t]here is no comparable civilian occupation to that of a traffic patrolman responding to the call of a citizen." Id. Similarly, in Wagner v. Board of Trustees of the Police Pension Fund, 208 Ill.App.3d 25, 153 Ill.Dec. 20, 566 N.E.2d 870 (1991), the court held that an officer serving a notice to appear was performing a duty that involved a special risk and was therefore entitled to a line-of-duty disability pension for a disabling injury that occurred when his leg fell through a rotted plank on a porch. It did not matter that the precise mechanism of the injury—walking on a porch—involved no special risk.
¶ 14 At the same time, it is abundantly clear that not every job-related activity is an act of duty. For instance, clerical duties of police work do not involve a special risk, so an officer who sustains disabling injuries while performing such duties is not entitled to a line-of-duty disability pension. Morgan v. Retirement Board of the Policemen's Annuity & Benefit Fund, 172 Ill.App.3d 273, 122 Ill.Dec. 234, 526 N.E.2d 493 (1988). Similarly, in Fedorski we held that an officer performing the duties of an evidence technician was acting in a capacity involving only an ordinary risk when the officer suffered a disabling injury in a motor-vehicle accident while returning to the police station after taking photographs of a crime suspect at the county jail.
¶ 15 In the case before us, the Board concluded as follows in its written decision:
Plaintiff contends, however, that "[t]he testimony of Officer Bruno confirmed that no civilian occupations (other than professional sports) have similar physical requirements." (Emphasis added.) Plaintiff insists that the record shows that ordinary citizens do not "perform similar fitness tests which require a bench press of 75% of body weight." (Emphasis added.) Thus, it is plaintiff's position that the salient inquiry is not whether civilians assume the risk of weightlifting injuries, but whether they assume that risk in their occupations. Whether this view is correct depends on the meaning of the phrase "ordinarily assumed by a citizen in the ordinary walks of life" (40 ILCS 5/5-113 (West 2012)); an act involving such a risk is not an "act of duty" under section 5-113. The interpretation of the pertinent statutory language presents a question of law, subject to de novo review. See Davis Bancorp, Inc. v. Board of Review of the Department of Employment Security, 393 Ill.App.3d 135, 142, 331 Ill.Dec. 895, 911 N.E.2d 1125 (2009).
¶ 16 As a matter of syntax, there are at least two ways to parse the phrase "ordinarily assumed by a citizen in the ordinary walks of life." First, "by a citizen" and "in the ordinary walks of life" may be treated as separate prepositional phrases.
¶ 17 If the term "walks of life" referred purely to occupations, both cases might produce reasonable interpretations. However, "walks of life" denotes both occupation and social class. As plaintiff notes, the term "walk[s] of life" has been defined as "referring to different types of jobs and different levels of society." Cambridge Dictionary, http://dictionary.cambridge. org/us/dictionary/english/walk-of-life?a= british#translations (last visited Dec. 2, 2015). It is by no means clear how the class aspect of the term "walks of life" corresponds to particular risks. Thus, treating the phrase "by a citizen in the ordinary walks of life" as a single prepositional phrase produces the more sensible interpretation of section 5-113. As applied to "citizens," we can readily comprehend what that phrase signifies: ordinary citizens from across the social spectrum and from various occupations. If a particular risk is one that is ordinarily assumed by such citizens, it is not a "special risk." Citizens in ordinary walks of life engage in weightlifting. Whether they do so occupationally or recreationally is of no moment. The risk of sustaining a weightlifting injury is not a "special risk."
¶ 18 Byrnes v. Retirement Board of Policemen's Annuity & Benefit Fund of City of Chicago, 339 Ill.App. 55, 89 N.E.2d 59 (1949), supports our interpretation of section
¶ 19 Alm also supports our analysis. In that case, this court held that an officer injured while assigned to bicycle patrol was entitled to a line-of-duty disability pension. Notably, the majority focused not merely on the fact that, in ordinary walks of life, riding a bicycle is a recreational activity. Rather, the majority noted how bicycle patrol duty differed from recreational cycling:
In our view, this approach is sound as a matter of policy. Whether a risk encountered in civilian life is occupational or non-occupational has little bearing on whether it approximates the types of dangers for which an officer should receive an increased disability benefit.
¶ 20 For the foregoing reasons, the judgment of the circuit court of Kane County is affirmed.
¶ 21 Affirmed.
Justices HUTCHINSON and BURKE concurred in the judgment and opinion.