decision based on the nation in their interpretation of the past and i think the recognition that that was an interpretation of those critical based on the recent case law dealing with worse in madison county now the statute is clear that if an individual is married at the time he applies for repayment benefit under article three which heals with police requirements that that  individual police officer qualify for retirement benefits however the surviving spouse will only qualify for that if it if there were no intervene advance in this particular case we did have some intervening of that in the intervening event was that i mr mrs field's subsequently divorced a number of years after the retirement that was in madison county the board was not informed of the divorce its internal audit as it periodical does there's a statute that requires the department of insurance for example the regulatory agency to perform all of the pension funds every three years in preparation of those anticipated on its orders frequently will go through their files to make sure everything is contained in the files that need to be that what happened here was we had to change in some board membership some of the b or members went back through the files  you know became informed through the the general community that a divorce had taken place so they felt it was incumbent to notice this matter up to give mrs fields an opportunity to address the situation and then review the article other than a pension established under section three dash one of nine point three which deals with self made plans in the surviving spouse and children of such surviving spouse will receive no pension on the death of the officer now that's what the court is presented with here today in the brig opposing counsel would like the court to say well we need to look into the legislative intent we need to look at some of the cases that some of the divorce cases that posen council as cited to their brief and say ability to a warning not be got in your article for the fire though you have to be a firefighter for at least seven years before you're eligible for ninety disability there's no such language in article three of the police code the police code article three allows for portability issues were on a police officer can move from one part will move his pension money into up another article read in part article four firefighters are for that privilege of an opportunity to do the bor statute mrs field's is not entitle to receive her  what's going on in our legislature and the financial problems the city or the middle of the state is grappling and pitching reform is a big issue and enhanced benefits that have materialized over the years is an issue the legislators refocusing on and trying to put the state in in a better financial position i don't think this court was itself in a position to rewrite a statute when the language use is conduct the hearing it informed her that if she wanted to appear she had a right to appear she subsequently submitted an affidavit saying i was told otherwise there's a camera david to that effect challenging an assertion the notice was that money for the other pension fund in a fisheries within the pension fund system so i believe the board of acted promptly under the circumstances they provided the proper notice month period ultimately the board rendered decision to terminate those benefits which obviously then went to the circuit court circuit court upheld the board and now we're here today before you justices to decide whether or not the board acted properly in it disposition of this