Court upholds pension for Chicago cop in torture case

Former Chicago Police Lt. Jon Burge

Charles Rex Arbogast/AP

CHICAGO - The Illinois Supreme Court has ruled that Attorney General Lisa Madigan can't challenge a police pension board vote preserving pension payments to former Chicago police commander Jon Burge who is accused of torture.

The state high court ruled 4-3 Thursday. It said it couldn't allow a "fundamental change" in the state's pension code.

Madigan filed a lawsuit in 2011 after the police pension board let the ex-commander continue receiving $3,000 monthly pension payments. Burge is in federal prison after being convicted of perjury in connection with testimony he gave in a civil case involving torture allegations.

Madigan says the pension board shouldn't have let Burge keep his pension given the conviction.

But Burge supporters say the conviction involved testimony Burge gave after he retired, not while he was on duty.