40 ILCS 5/3-147

Felony conviction

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(40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
    Sec. 3-147. Felony conviction. None of the benefits provided 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 police officer.
    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 police officer from whom the benefit results.
    This Section shall not impair any contract or vested right acquired prior to July 11, 1955 under any law continued in this Article, nor 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 persons entering service subsequent to July 11, 1955 are deemed to have consented to the provisions of this Section as a condition of coverage, 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 6 cases (1 in the last 5 years), 2001–2022 · leading case: Hendricks v. Board of Trustees of the Police Pension Fund of the City of Galesburg
Hendricks v. Board of Trustees of the Police Pension Fund of the City of Galesburg (2015) illappct · cites it 3× “Based upon those findings, the Board concluded that plaintiff was disqualified from receiving police retirement benefits under section 3-147 of the Illinois Pension Code (40 ILCS 5/3-147 (West 2012)) and denied plaintiff's application for retirement benefits on that basis.”
Hendricks v. Board of Trustees of the Police Pension Fund of the City of Galesburg (2015) illappct · cites it 3× “Based upon those findings, the Board concluded that plaintiff was disqualified from receiving police retirement benefits under section 3-147 of the Illinois Pension Code (40 ILCS 5/3-147 (West 2012)) and denied plaintiff’s application for retirement benefits on that basis.”
Bassett v. Pekin Police Pension Board (2005) illappct “) 40 ILCS 5/3-147 (West 2002). As the language emphasized above indicates, while a police officer convicted of a felony forfeits his right to pension benefits, he may receive a refund of his contributions to the pension fund.”
Phelan v. Village of LaGrange Park Police Pension Fund (2001) illappct · cites it 3× “In a letter dated November 19, 1998, the Pension Fund notified Phelan that pursuant to section 3-147 of the Illinois Pension Code (Pension Code) (40 ILCS 5/3-147 (West 1996)) his pension benefits would be subject to termination upon his conviction of any felony relating to, or…”
Peterson v. The Board of Trustees of the Bolingbrook Police Pension Fund (2022) illappct “After Peterson was convicted, the Board voted to retain an attorney to investigate whether Peterson’s felony conviction would cause him to be divested from his retirement benefits pursuant to section 3-147 of the Code (40 ILCS 5/3-147 (West 2018)). Based on the results of that…”
Bassett v.Pekin Police Pension Board (2005) illappct “) 40 ILCS 5/3-147 (West 2002). As the language emphasized above indicates, while a police officer convicted of a felony forfeits his right to pension benefits, he may receive a refund of his contributions to the pension fund.”
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