Ex-officer convicted of stealing from the dead

tfmcguire April 2015

Legal Instructor Thomas McGuire has brought to our attention the 3/17/15 Chicago Sun Times Article entitled, “Former Niles Cop convicted of stealing from dead man”.

As of the date of this writing there is an in progress Hearing before the Bolingbrook Police Pension Fund Board of Trustees to negate the retirement Pension of former Bolingbrook Police Officer Drew Peterson due to being convicted of a Felony pertaining to the death of his then wife.

Based upon the Illinois Pension Code and Court precedents, the ex-officer’s pension that he was receiving at the time of his conviction may be revoked. See story in Chicago Sun Times Article.

5/3-147 of the Illinois Pension Code found in 40 Illinois Compiled Statutes states:

 “§ 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.

 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.

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.”

The Illinois Supreme Court case of Devoney v. Ret. Bd. of Policemen’s Annuity & Ben. Fund for City of Chicago, 199 Ill. 2d 414, 418, 769 N.E.2d 932, 935 (2002), would be applicable to both the Niles and Bolingbrook Police Pension Funds. Further, if a Pension Board decides to terminate the Retirement Pension of a Police Officer who has been convicted of a Felony pertaining to his employment/expertise as a Police Officer, all that the retired Officer is allowed to receive are those monies which he (not the Municipality) contributed to the Pension Fund based upon the following Illinois Appellate Court cases of Bassett v. Pekin Police Pension Board, (3rd DIST. 2005) 362 Ill. App. 3d 235, 839 N.E.2d 130, Phelen v. Village of La Grange Park, (1st DIST. 2001) 327 Ill. App. 3d 527, 763 N.E.2d 343, and Janata v. Police Pension Fund of the Village of Hinsdale, (1st DIST 1986  140 Ill. App. 3d 925, 489 N.E.2d 498.

Finally, as of June 1, 2015 40 ILCS 5/1-115 will go into effect. Such will allow the Office of the Illinois Attorney General, participant, beneficiary or fiduciary to bring a civil action to enjoin any act or practice which violates any provision of the Illinois Pension Code.

Newspaper Articles: 

Statutes: 

  • 40 ILCS 5/3-147. (entitled “Felony conviction”) as to a Pension of an Officer convicted of a Felony being revoked – 40 ILCS 5/3-147 – Felony conviction
  • 40 ILCS 5/1-115 (entitled “Civil Enforcement) as to the Office of the Illinois Attorney General, participant, beneficiary or fiduciary to bringing a civil action to enjoin any act or practice which violates any provision of the Illinois Pension Code – 40 ILCS 5/1-115 Civil Enforcement

Case Law:

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