Shields v. Judges' Retirement System of Illinois

Summary

The Illinois Supreme Court held that a retired judge whose pension benefits were forfeited following a felony conviction was entitled to a full refund of his contributions to the Judges' Retirement System. The court concluded that the governing felony-forfeiture provision created an unconditional right to a refund and did not authorize deducting benefits paid before the conviction. The court reversed the appellate court and affirmed the circuit court's judgment.

Holdings

1. Section 18-163 unconditionally preserves the right of a participant or annuitant whose benefits are forfeited because of a felony conviction to receive a refund of contributions, and the court may not impose conditions or deductions not required by the statutory language.
2. Section 18-129(c), governing refunds in specified circumstances involving deceased annuitants, does not apply to an annuitant whose benefits are forfeited under the felony-forfeiture provision.
3. The System may not deduct benefits properly paid before Shields's conviction from his total contributions because doing so would constitute an unauthorized recoupment and would impose a limitation inconsistent with section 18-163.
4. A pension board's statutory interpretation is reviewed de novo when the dispute presents a question of law.

Questions Presented

1. Whether section 18-163 of the Illinois Pension Code unconditionally preserves a retired judge's right to a refund of all contributions after pension benefits are forfeited because of a felony conviction.
2. Whether section 18-129(c), which provides for a net refund in certain situations involving deceased annuitants, authorizes deduction of benefits previously paid from the contributions refundable to a living annuitant whose benefits were forfeited.
3. Whether the Judges' Retirement System may recoup benefits paid before the date of the felony conviction by deducting those payments from the refund of contributions.

Disposition

reversed