Proposed measure would suspend pension payments for indicted former
Illinois lawmakers
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[May 09, 2023]
By Andrew Hensel | The Center Square
(The Center Square) – A proposed measure in the Illinois Statehouse
attempts to suspend taxpayer-funded pension payments for former elected
officials charged with a felony.
House Bill 1277 aims to suspend a retired lawmaker's pension if felony
charges relate to their duties as a lawmaker.
The measure's sponsor, state Rep. Amy Elik, R-Fosterburg, said the
effort is in response to former Illinois House Speaker Michael Madigan,
D-Chicago, being charged with 23 counts of corruption, including
racketeering, bribery, and extortion.
According to previous reporting, Madigan receives $7,100 a month in
pension payments from his decades as an Illinois legislator. Madigan was
in the Illinois Legislature for 50 years. Most of that time he served as
House Speaker.
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State law allows for a retired legislator's pension to be revoked if
they are found guilty of a crime stemming from their work as an elected
official.
Last week, four individuals were found guilty in a nearly decade-long
scheme federal prosecutors alleged had utility ComEd giving do-nothing
jobs to associates of Madigan in exchange for favorable legislation.
Madigan is on trial in a related case next April and has pleaded not
guilty.
One of the so-called "ComEd Four" found guilty last week is former
Illinois lawmaker turned lobbyist and Madigan confidant Michael McClain.
The Chicago Sun Times reports McClain's pension was suspended after the
conviction, but it's unclear whether that will be sustained as his
crimes happened long after his time as a state lawmaker.
Elik told The Center Square that her measure would stop Madigan and any
other future retired lawmaker charged with a crime from being paid with
taxpayer funds throughout their court proceedings.
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"There is a possibility that he [Madigan] may want to delay, delay,
delay, the lawyers may want to delay the trial, and all during that
time, he is still receiving a lucrative pension," Elik said. "So this
bill would just say, once you're indicted or charged with information,
your pension payments get suspended. If you're found not guilty, or the
case doesn't proceed, you'll get your pension payments back with
interest."
State Rep. Dan Didech, D-Buffalo Grove, said he thinks suspending a
pension without a conviction is unconstitutional.
"We need to be very careful about putting in place penalty provisions
that are likely to conflict with the due-process clause of the
constitution," Didech told The Center Square.
Didech said the state should not be able to punish someone before their
day in court.
"You can't take someone's life, liberty or property away without due
process of law, and I think that's what this bill probably does," Didech
said.
Illinois House Minority Leader Tony McCombie, R-Savanna, supports the
measure and told The Center Square that those who break the law should
not receive taxpayer money.
"I think its a commonsense approach," McCombie said. "If you've earned
your pension and earned it doing unethical and illegal things, you
certainly don't deserve to have said pension, especially when it is one
paid for by the taxpayers."
A similar measure filed last year by Elik failed to advance before the
end of the 102nd General Assembly. Her new measure has been referred to
the House Rules Committee and is awaiting further action.
Legislators are in spring session until May 19.
Andrew Hensel reports on issues in Chicago and Statewide.
He has been with The Center Square News since April of 2021 and was
previously with The Joliet Slammers.
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