Illinois Compiled Statutes
40 ILCS 5/5-227 (2026)
Felony conviction
✓ current as of May 2026
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(40 ILCS 5/5-227)
(from Ch. 108 1/2, par. 5-227)
Sec. 5-227. 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 service as a policeman.
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 policeman from whom the benefit results. None of the benefits provided for in this Article shall be paid to any
person who is convicted of any felony while in receipt of disability benefits.
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 the intentional and wrongful death of a police officer,
either active or retired, through whom such person would become eligible
to receive, or is receiving, an annuity under this Article.
A person who intentionally and unjustifiably causes delay in proceedings in which the person is ultimately convicted of a felony relating to or arising out of or in connection with his service as a policeman shall not be entitled to any benefits provided for in this Article on and after the filing date of the related indictment or charges. This paragraph applies to all persons whose felony conviction was entered on or after January 1, 2019. Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries. This paragraph applies to all persons who make an application for refund to the Fund on or after January 1, 2019. This Section shall not operate to impair any contract or vested right heretofore
acquired 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 future entrants entering service subsequent to July 11, 1955, shall
be 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; 101-387, eff. 8-16-19.)
Notes of Decisions
Cited in 22
cases (3 in the last 5 years), 1997–2022 · 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). “The issue before us is whether Devoney's conviction, a felony, "relat[ed] to or [arose] out of or in connection with his service as a policeman" so as to render him ineligible for his police pension benefits under section 5-227 of the Illinois Pension Code (40 ILCS 5/5-227 (West…”
Devoney v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 746 N.E.2d 836 (Ill. App. Ct. 2001). “Petitioner contends the Board's interpretation of section 5-227 of the Illinois Pension Code (Code) (40 ILCS 5/5-227 (West 1998)) regarding the relationship of felony convictions to forfeiture of pension benefits was contrary to law, that the Board's decision to apply the…”
DiFiore v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 729 N.E.2d 878 (Ill. App. Ct. 2000). “40 ILCS 5/5-227 (West 1994). On administrative review, the circuit court upheld the Board's decision.”
Brucker v. Mercola, 886 N.E.2d 306 (Ill. 2007). “When a statute not only uses the phrase "arising out of" but also includes the phrases "relating to" and "in connection with," such as in section 5-227 of the Pension Code (40 ILCS 5/5-227 (West 2006)), which provides that a police officer may be disqualified from receiving…”
People ex rel. Madigan v. Burge, 2014 IL 115635 (Ill. 2014). “¶7 In January 2011, the Board held a hearing to determine whether, under section 5-227 of the Illinois Pension Code (40 ILCS 5/5-227 (West 2010)), Burge’s pension benefits should be terminated because of his federal felony convictions.”
Majid v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 2015 IL App (1st) 132182 (Ill. App. Ct. 2015). “See 40 ILCS 5/5-227 (West 2010) (providing for the termination of disability benefits to a police officer who commits any felony while receiving disability benefits).”
Dvorak v. Ret. Bd. of the Policemen's Annuity & Benefit Fund, 678 N.E.2d 677 (Ill. App. Ct. 1997). “*682 The statutory provisions which are dispositive of the issues raised in this appeal are sections 5/5-227 and 5/5-109 of the Pension Code (40 ILCS 5/5-227, 5-109 (West 1992)). As recited by the majority, section 5-227 provides in pertinent part, "Felony conviction.”
Kaufmann v. Schroeder, 946 N.E.2d 345 (Ill. 2011). “, 40 ILCS 5/5-227 (West 2006)), or they had involved insurance policies that must be construed broadly in favor of coverage (see, e.”
Abbate v. Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2022 IL App (1st) 201228 (Ill. App. Ct. 2022). “Abbate for a retirement annuity pension benefits in accordance with section 5-227 of the Illinois Pension Code (Pension Code or Code) (40 ILCS 5/5-227 (West 2018)). On appeal, the Board contends that its decision should be upheld based upon its finding that Abbate’s felony…”
People v. Burge, 2014 IL 115635 (Ill. 2014). “¶7 In January 2011, the Board held a hearing to determine whether, under section 5-227 of the Illinois Pension Code (40 ILCS 5/5-227 (West 2010)), Burge’s pension benefits should be terminated because of his federal felony convictions.”
Majid v. The Ret. Bd. of the Policemen's Annuity & Benefit Fund of the City of Chicago, 2015 IL App (1st) 132182 (Ill. App. Ct. 2015). “See 40 ILCS 5/5-227 (West 2010) (providing for the termination 2 No.”
People ex rel. Lisa Madigan v. Burge, 2012 IL App (1st) 112842 (Ill. App. Ct. 2012). “¶5 The Pension Board subsequently held an evidentiary hearing to determine if section 5- 227 of the Illinois Pension Code (Pension Code) (40 ILCS 5/5-227 (West 2010)) applied to cause Burge to forfeit his ongoing pension payments in light of his felony convictions.”
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