Proposed measure would suspend pension payments for indicted former Illinois lawmakers

[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.

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.

"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.