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Illinois Compiled Statutes

40 ILCS 5/18-163 (2026)

Felony conviction

✓ current as of May 2026
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(40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
    Sec. 18-163. Felony conviction. None of the benefits herein provided 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 judge.
    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 judge from whom the benefit results.
    This Section shall not operate to impair any contract or vested right acquired before 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.
    All participants entering service subsequent to July 9, 1955 are deemed to have consented to the provisions of this Section as a condition of participation, 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 9 cases (1 in the last 5 years), 1999–2022 · leading case: Shields v. Judges' Ret. Sys., 768 N.E.2d 26 (Ill. App. Ct. 2001).
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Shields v. Judges' Ret. Sys., 768 N.E.2d 26 (Ill. App. Ct. 2001). · cites it 7× “In a letter dated March 17, 1992, the System notified Shields that his benefits would be terminated, effective the day of his conviction, March 2, 1992, pursuant to section 18-163 of the Illinois Pension Code (the Pension Code) (40 ILCS 5/18-163 (West 1992)). The letter…”
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…”
Bassett v. Pekin Police Pension Bd., 839 N.E.2d 130 (Ill. App. Ct. 2005). “None of the benefits herein provided 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 judge.”
Shields v. Judges' Ret. Sys. (Ill. App. Ct. 2001). · cites it 8× “In a letter dated March 17, 1992, the System notified Shields that his benefits would be terminated, effective the day of his conviction, March 2, 1992, pursuant to section 18-163 of the Illinois Pension Code (the Pension Code) (40 ILCS 5/18-163 (West 1992)). The letter…”
Abbate v. The Policemen's Annuity & Benefit Fund of the City of Chicago, 2022 IL App (1st) 201228-U (Ill. App. Ct. 2022). “the Illinois Supreme Court has previously recognized, this 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…”
Stillo v. State Ret. Sys. (Ill. App. Ct. 1999). · cites it 5× “Plaintiffs responded to Kink's letter on July 20, 1994, by filing a complaint for declaratory judgment and injunctive relief, and requesting the court to enjoin any termination of benefits until such time as a "full due process hearing" could be held.”
Bassett v.Pekin Police Pension Bd. (Ill. App. Ct. 2005). “None of the benefits herein provided 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 judge.”
Maloney v. State Emp.'s Ret. Sys. of Illinois (Ill. App. Ct. 2006). “1-05-3027 to section 18-163 of the Illinois Pension Code (40 ILCS 5/18-163 (West 1994)), which requires that all benefit payments cease upon a member's conviction and sentencing for a felony arising out of acts committed during the performance of the member's official duties.”
Stillo v. State Ret. Sys. (Ill. App. Ct. 2006). “Upon his 1994 conviction and sentencing on those charges, the System terminated his pension 1-05-2828 benefits pursuant to section 18-163 of the Illinois Pension Code (40 ILCS 5/18-163 (West 1994)), which requires that all benefit payments cease upon a member=s conviction and…”
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