ILCS » Chapter 40 · Act 5
Illinois Compiled Statutes

40 ILCS 5/4-138 (2026)

Felony conviction

✓ current as of May 2026
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(40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
    Sec. 4-138. Felony conviction. None of the benefits provided under this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with service as a firefighter.
    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 firefighter 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 3 cases (3 in the last 5 years), 2021–2024 · leading case: Trapp v. City of Burbank Firefighters' Pension Fund, 2024 IL App (1st) 231311 (Ill. App. Ct. 2024).
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Trapp v. City of Burbank Firefighters' Pension Fund, 2024 IL App (1st) 231311 (Ill. App. Ct. 2024). · cites it 2× “1-23-1311 ¶8 On July 18, 2022, the Board held a hearing to determine whether plaintiff’s felony conviction caused him to lose or forfeit his right to a pension pursuant to section 4-138 of the Code (40 ILCS 5/4-138 (West 2022)). Plaintiff’s counsel initially orally moved to…”
Trapp v. City of Burbank Firefighters' Pension Fund, 2024 IL App (1st) 231311-U (Ill. App. Ct. 2024). “” 40 ILCS 5/4-138 (West 2022). Plaintiff, however, does not claim that he was not convicted of a felony arising out of or in connection with his service as a firefighter.”
Vill. of Roselle v. Bd. of Trs. of the Roselle Firefighters' Pension Fund, 2021 IL App (2d) 200360 (Ill. App. Ct. 2021). “See 40 ILCS 5/4-138 (West 2016) (no pension fund benefits can be paid to anyone convicted of “any felony relating to or arising out of or in connection with service as a firefighter”).”
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