Ryan v. Board of Trustees of the General Assembly Retirement System

924 N.E.2d 970, 236 Ill. 2d 315, 338 Ill. Dec. 444, 2010 Ill. LEXIS 273
CourtIllinois Supreme Court
DecidedFebruary 19, 2010
Docket108184
StatusPublished
Cited by37 cases

This text of 924 N.E.2d 970 (Ryan v. Board of Trustees of the General Assembly Retirement System) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan v. Board of Trustees of the General Assembly Retirement System, 924 N.E.2d 970, 236 Ill. 2d 315, 338 Ill. Dec. 444, 2010 Ill. LEXIS 273 (Ill. 2010).

Opinions

JUSTICE THOMAS

delivered the judgment of the court, with opinion.

Chief Justice Fitzgerald and Justices Freeman, Kilbride, Carman, and Karmeier concurred in the judgment and opinion.

Justice Burke dissented, with opinion.

OPINION

The issue in this case is whether, as a result of his multiple federal felony convictions, former Illinois Governor George H. Ryan, Sr., has forfeited all of the pension benefits he earned from the General Assembly Retirement System. For the reasons that follow, we hold that he has.

BACKGROUND

The facts of this case are not in dispute. In 1966, Ryan was appointed to the Kankakee County board of supervisors. Ryan was subsequently elected to and served on the Kankakee County board of supervisors from 1966 to 1972, including a two-year period as chairman. While serving on the Kankakee County board of supervisors, Ryan contributed to the Illinois Municipal Retirement Fund (IMRF).

In November 1972, Ryan was elected as a representative to the General Assembly. He was reelected and served until 1982. While in the General Assembly, Ryan was selected as the minority leader and Speaker of the House. In November 1982, Ryan was elected Lieutenant Governor. Ryan won reelection to that office in 1986. In 1990, Ryan was elected Secretary of State, and he served two terms in this position. In November 1998, Ryan was elected Governor, and he served in that office from January 1999 until January 2003.

When Ryan was first elected to the General Assembly in 1972, he became a member of the General Assembly Retirement System (the System). At that time, Ryan transferred the credits he had earned in the IMRF into the System. Ryan continued to participate in the System while serving as Lieutenant Governor, Secretary of State and Governor. In December 2002, Ryan applied for his retirement annuity, to begin in January 2003.

In December 2003, a federal grand jury indicted Ryan on felony charges for racketeering, conspiracy, mail fraud, making false statements to the Federal Bureau of Investigation, and income tax violations. These charges were premised on conduct that arose out of and was in connection with Ryan’s service as Secretary of State and Governor. In April 2006, a jury found Ryan guilty on all counts. The district court dismissed two of the counts after finding insufficient evidence to support the claims and entered judgment on the remaining counts. Ryan was sentenced to 78 months in prison.

Following Ryan’s felony convictions, the acting executive secretary of the Illinois State Retirement Systems notified Ryan that all of his pension benefits were being suspended pursuant to section 2 — 156 of the Illinois Pension Code (the Code) (40 ILCS 5/2 — 156 (West 2006)). That section provides that “[n]one of the benefits herein 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 or her service as a member.” 40 ILCS 5/2— 156 (West 2006). Ryan was also informed that the suspension included all of the insurance coverage for him and his wife. The suspension was made retroactive to the date of Ryan’s sentencing.

Ryan sought review of the suspension of his pension benefits before the System’s Board of Trustees (the Board). Ryan argued that the benefits he earned as county board supervisor, member of the General Assembly, and Lieutenant Governor were not subject to forfeiture. The Board disagreed and ratified the acting executive secretary’s decision to terminate completely Ryan’s retirement annuity. Ryan sought administrative review, and the circuit court of Cook County affirmed the complete termination of Ryan’s retirement benefits. Ryan appealed, and the appellate court reversed. 388 Ill. App. 3d 161. According to the appellate court, although Ryan clearly had forfeited the pension benefits he earned while serving as Governor and Secretary of State, he is entitled to receive the benefits he earned while serving as Lieutenant Governor and as a member of the General Assembly. 388 Ill. App. 3d at 168-69.

We allowed the Board’s petition for leave to appeal. 177 Ill. 2d R. 315(a).

DISCUSSION

As noted earlier, the facts of this case are not in dispute. The matter to be resolved relates solely to the proper interpretation of the pension forfeiture provision that disqualifies a member of the System from receiving pension benefits if convicted of a felony “relating to or arising out of or in connection with his or her service as a member.” 40 ILCS 5/2 — 156 (West 2006). Although the interpretation of a statute by the agency charged with its administration is generally given deference, the interpretation of a statute remains a question of law that we review de novo. See Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 216 Ill. 2d 590, 595 (2005). Our primary goal when interpreting the language of a statute is to ascertain and give effect to the intent of the legislature. Devoney v. Retirement Board of the Policemen’s Annuity & Benefit Fund, 199 Ill. 2d 414, 424-25 (2002). The plain language of a statute is the best indication of the legislature’s intent. In re Christopher K., 217 Ill. 2d 348, 364 (2005). Where the statutory language is clear and unambiguous, we will enforce it as written and will not read into it exceptions, conditions, or limitations that the legislature did not express. In re Christopher K., 217 Ill. 2d at 364.

Here, the statutory language is clear and unambiguous. Section 2 — 156 of the Code provides that “[n]one of the benefits herein 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 or her service as a member.” (Emphases added.) 40 ILCS 5/2 — 156 (West 2006). Section 2 — 105 of the Code, in turn, defines “member” as “Members of the General Assembly of this State *** and any person serving as Governor, Lieutenant Governor, Secretary of State, Treasurer, Comptroller, or Attorney General for the period of service in such office.” Thus, under the Code’s plain language, any person who is convicted of any felony relating to his or her service as Governor or Secretary of State shall receive none of the benefits provided for under the System. Here, there is no dispute that Ryan was convicted of multiple federal felonies relating to his service as both Governor and Secretary of State. Accordingly, section 2 — 156 plainly mandates that none of the benefits provided for under the System shall be paid to Ryan. The forfeiture, in other words, is total. Ryan gets nothing.

This result is consistent not only with the plain language of the governing statutes, but also with this court’s most recent pension forfeiture decision. In Taddeo v. Board of Trustees of the Illinois Municipal Retirement Fund, 216 Ill. 2d 590 (2005), Taddeo was concurrently employed for several years both by Proviso Township as a township supervisor and by the City of Melrose Park as mayor. In 1999, Taddeo was convicted of several felonies relating to his service as mayor of Melrose Park.

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Bluebook (online)
924 N.E.2d 970, 236 Ill. 2d 315, 338 Ill. Dec. 444, 2010 Ill. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-v-board-of-trustees-of-the-general-assembly-retirement-system-ill-2010.