Illinois Compiled Statutes
40 ILCS 5/16-199 (2026)
Felony conviction
✓ current as of May 2026
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(40 ILCS 5/16-199)
(from Ch. 108 1/2, par. 16-199)
Sec. 16-199. Felony conviction. None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony relating to or arising out of or in
connection with his or her service as a teacher.
None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the teacher from whom the benefit results. This Section shall not operate to impair any contract or vested right acquired
prior to July 9, 1955 under any law or laws
continued in this Article, nor to
preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The System may sue any such person to
collect all moneys paid in excess of refundable contributions.
All teachers entering or re-entering service after July 9, 1955 shall be
deemed to have consented to the provisions of this Section as a condition
of membership, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2002–2022 · leading case: Devoney v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 769 N.E.2d 932 (Ill. 2002).
Devoney v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 769 N.E.2d 932 (Ill. 2002). “Identical provisions govern members of the General Assembly (40 ILCS 5/2-156 (West 1998)), participants in the Illinois Municipal Retirement Fund (40 ILCS 5/7-219 (West 1998)), those in the Municipal Employees', Officers', and Officials' Annuity and Benefit Fund (40 ILCS 5/8-251…”
Abbate v. The Policemen's Annuity & Benefit Fund of the City of Chicago, 2022 IL App (1st) 201228-U (Ill. App. Ct. 2022). “s same type of forfeiture provision of the Code can also be found in the pension codes governing members of the General Assembly (40 ILCS 5/2-156 (West 1998)), participants in the Illinois Municipal Retirement Fund (40 ILCS 5/7- 219 (West 1998)), participants in the Municipal…”
Bauer v. State Ret. Sys. (Ill. App. Ct. 2006). “3d at 193 , quoting 40 ILCS 5/16-199 (West 1994). Goff appealed the revocation, arguing that his pension could be revoked only if the felony in question actually took place on school time or school grounds or during an extracurricular activity for which he was serving as a…”
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