Devoney v. Retirement Board of the Policemen's Annuity & Benefit Fund

Case Date: 12/31/1969
Court: Supreme Court
Docket No: 91468 Rel

Docket No. 91468-Agenda 21-January 2002.

WILLIAM DEVONEY, Appellant, v. THE RETIREMENT 
BOARD OF THE POLICEMEN'S ANNUITY & BENEFIT
FUND FOR THE CITY OF CHICAGO, Appellee.

Opinion filed April 18, 2002.

CHIEF JUSTICE HARRISON delivered the opinion of thecourt:

William Devoney, a former Chicago police lieutenant, wasconvicted of federal mail fraud charges arising from hisparticipation in a scheme to defraud Allstate Insurance. The issuebefore us is whether Devoney's conviction, a felony, "relat[ed] toor [arose] out of or in connection with his service as a policeman"so as to render him ineligible for his police pension benefits undersection 5-227 of the Illinois Pension Code (40 ILCS 5/5-227(West 1998)). The Retirement Board of the Policemen's Annuityand Benefit Fund of the City of Chicago (the Retirement Board)answered this question in the affirmative and denied Devoney hispension. On administrative review, the circuit court of CookCounty affirmed the Retirement Board's decision. The appellatecourt subsequently affirmed the circuit court's judgment, with onejustice dissenting. 321 Ill. App. 3d 1. We granted Devoney leaveto appeal. 177 Ill. 2d R. 315. For the reasons that follow, we nowaffirm.

Devoney served on the Chicago police force for more than 34years, eventually attaining the rank of lieutenant. In October of1994, a federal grand jury indicted him along with 23 otherpersons on charges of conspiracy to commit insurance fraud.Devoney resigned from the police department the followingmonth. He then entered into a written plea agreement with theUnited States Attorney's office under which he pleaded guilty toone count of mail fraud, a felony, in violation of 18 U.S.C.