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RODRIGUEZ v. CITY OF AURORA

January 10, 1995

REYNALDO RODRIGUEZ, Plaintiff,
v.
CITY OF AURORA, an Illinois Municipal Corporation, and the BOARD OF TRUSTEES OF THE CITY OF AURORA POLICE PENSION FUND, Defendants.



The opinion of the court was delivered by: MARVIN E. ASPEN

 MARVIN E. ASPEN, District Judge

 Plaintiff Reynaldo Rodriguez brings this three count action, alleging violations of the Americans with Disabilities Act and the Rehabilitation Act. Presently before the court is defendant Board of Trustees of the City of Aurora Police Pension Fund's motion to dismiss Count I of the complaint. For the reasons set forth below, defendant's motion is granted.

 I. Background

 Plaintiff Reynaldo Rodriguez is a City of Aurora ("the City") police officer. Soon after becoming a patrolman, Rodriguez applied for admission into the City's Police Pension Fund ("the Fund"), which is managed by defendant Board of Trustees of the City of Aurora Pension Fund ("the Board"). After taking physical and mental examinations, Rodriguez was notified that he was to appear at a hearing regarding his application for admission. Rodriguez failed to attend the hearing, and the Board subsequently denied his application, based on a purported disc narrowing on his lumbar spine and a purported problem with abstract thinking. *fn1" Rodriguez' request for rehearing was denied, and his state complaint for judicial review was denied on procedural grounds. In September, 1994, Rodriguez filed the present complaint.

 II. Discussion

 Rodriguez' claim against the Board is based on subchapter II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq. Subchapter II provides, in relevant part:

 
No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

 42 U.S.C. § 12132. The Board has moved to dismiss, asserting, among other things, that it is not a "public entity" within the meaning of 42 U.S.C. § 12131(1), and that Rodriguez is not a "qualified individual with a disability" within the meaning of 42 U.S.C. § 12131(2). We need not resolve these issues, because even if the Board is incorrect in both of these arguments, it is clear that the ADA exempts the Board from the prohibitions of the Act in this case. Section 510(c) of the Act, codified at 42 U.S.C. § 12201(c), states:

 
(c) Insurance
 
Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict--
 
(1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or
 
(2) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on, or not inconsistent with State law; or
 
(3) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not ...

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