Effect of Felony Conviction on Illinois Employee Pension
By Dan Noll on December 18th, 2013 in Criminal Defense, Criminal Defense Lawyer
Since we are located in Springfield, Illinois, we represent a large number of government employees who are charged criminally. The most common charges against state employees are white collar crimes such as Official Misconduct, Theft, and Embezzlement. However, state employees can also be charged with DUI, Domestic Battery, or other criminal offenses unrelated to their workplace. If you are charged with a crime in Springfield, contact our Criminal Defense Lawyers today for a Free-Initial-Consultation.
Will I lose my Illinois State Retirement if I am Convicted?
One of our major concerns while representing State of Illinois employees is protecting the pension they have earned through the State Employee Retirement System(SERS). Illinois law provides that none of the benefits provided for 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 an employee. 40 ILCS 5/13-149
Thus, in Illinois, there must be two elements present in order for the conviction to effect the pension. First, the person must be convicted of a felony offense. If you are not convicted of a felony, your pension will be unchanged. Secondly, the felony conviction must arise out of or relate to the employment. Thus, if a person is convicted of Aggravated Battery for a bar fight, their pension would be untouched because it was unrelated to their employment. However, if a person is convicted of Official Misconduct, the pension benefits would be lost because the conviction is directly related to their job performance.
It is important to hire a skilled criminal defense lawyer if you are charged with a crime or are being investigated for a crime. This is because a knowledgeable criminal defense lawyer will be aware of the ramifications of your case and may be able to negotiate a lesser charge or beat the case at trial.