ILCS » Chapter 40 · Act 5

40 ILCS 5/8-251

Felony conviction

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(40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
    Sec. 8-251. 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 municipal employee.
    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 employee from whom the benefit results.
    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 Public Act 100-334, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334).
    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. The changes made to this Section by Public Act 100-23 apply only to persons who first become participants under this Article on or after July 6, 2017 (the effective date of Public Act 100-23).
    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 August 25, 2017 (the effective date of Public Act 100-334) shall be deemed to have consented to the provisions of Public Act 100-334 as a condition of participation.
(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; 100-863, eff. 8-14-18.)

    
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2000–2022 · leading case: Devoney v. Retirement Board of the Policemen's Annuity & Benefit Fund
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Devoney v. Retirement Board of the Policemen's Annuity & Benefit Fund (2002) ill “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…”
Romano v. Municipal Employees Annuity & Benefit Fund (2008) illappct · cites it 2× “The Fund filed a motion for summary judgment supported by the plaintiff's felony conviction and the admissions made in his Plea Agreement, arguing that, pursuant to the provisions of section 8-251 of the Code (40 ILCS 5/8-251 (West 2004)), the plaintiff is ineligible to receive…”
Abbate v. The Policemen's Annuity and Benefit Fund of the City of Chicago (2022) illappct “As 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…”
Katalinic v. The Board of Trustees of the Municipal Employees' (2008) illappct · cites it 2× “" 40 ILCS 5/8-251 (West 2004). The Board found that plaintiff's "felonious conduct started with his City employment and continued into retirement.”
Romano v. Municipal Employees Annuity and Benefit Fund of Chicago (2010) illappct · cites it 2× “The Fund filed a motion for summary judgment supported by the plaintiff's felony conviction and the admissions made in his Plea Agreement, arguing that, pursuant to the provisions of Section 8-251 of the Code (40 ILCS 5/8-251 (West 2004)), the plaintiff is ineligible to receive…”
Bloom v. Municipal Employees' Annuity & Benefit Fund (2003) illappct “Instead, the Fund's board of trustees (the Board) conducted a hearing on Bloom's eligibility and issued a written determination that Bloom's conviction disqualified him from benefits pursuant to a provision of section 8-251 of the Illinois Pension Code (40 ILCS 5/8-251 (West…”
Bauer v. State Retirement Systems (2006) illappct “3d at 810 , quoting 40 ILCS 5/8-251 (West 1998). On appeal, the reviewing court recognized that the issue before it, under Devoney, was whether a nexus existed between Bloom=s wrongdoing and the performance of his official duties.”
Romano v. Municipal Employees Annuity and Benefit Fund of Chicago (2008) illappct “The Fund filed a motion for summary judgment supported by the plaintiff's felony conviction and the admissions made in his Plea Agreement, arguing that, pursuant to the provisions of section 8-251 of the Code (40 ILCS 5/8-251 (West 2004)), the plaintiff is ineligible to receive…”
Cirignani v. Municipal Employees', Officers', & Officials' Annuity & Benefit Fund (2000) illappct “" 40 ILCS 5/8-251 (West 1998). This is similar to language used in numerous other felony-conviction statutes governing other public employees.”
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