Felony Forfeiture of Public Pension Benefits: A Cautionary Tale

by Brian Johnston and John Motylinski

In the realm of public service, the promise of a secure retirement pension is often a significant factor in attracting and retaining dedicated professionals. However, for Illinois firefighters and police officers, this promise comes with a crucial caveat: being convicted of a felony related to one’s public service can result in pension forfeiture. This serves as a stark reminder of the high ethical standards expected of those who serve the public trust.

The Illinois Pension Code is unequivocal that “[n]o benefits shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with service as a firefighter.” Furthermore, no pension benefits “shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the firefighter from whom the benefit results.” Illinois courts have given these provisions their ordinary meaning, as illustrated recently in Trapp v. City of Burbank Firefighters’ Pension Fund, 2024 IL App (1st) 231311.

Trapp v. City of Burbank Firefighters’ Pension Fund

John Trapp’s story is a stark reminder that, even after retirement, one’s on-duty misdeeds can have far-reaching consequences.

Trapp began his career with the Burbank Fire Department in 1988. By January 2017, after nearly three decades of service, he had become eligible for retirement benefits. However, his career ended under a cloud of suspicion. Allegations arose concerning inappropriate conduct vis-à-vis a 17-year-old intern. Despite these accusations, the City of Burbank’s pension board approved his retirement pension.

The situation took a dramatic turn in December 2019 when Trapp was charged with possessing child pornography. Trapp eventually pleaded guilty. As part of his plea, Trapp admitted that he had a sexual relationship with the intern while he was working as a firefighter. Pictures and videos were generated and kept by Trapp in the course of this relationship. He was convicted of a felony and sentenced to six months’ incarceration.

The Burbank Firefighters’ Pension Fund’s Board of Trustees convened a hearing to determine whether Trapp’s felony conviction should result in the forfeiture of his pension benefits. Trapp argued that the Board lacked the authority to revoke his pension, asserting that his conviction occurred post-retirement and that the initial pension award was irrevocable.

The Board conversely found that it had jurisdiction. It then determined that Trapp’s felony was directly related to his employment, triggering the forfeiture clause in Section 4-138 of the Illinois Pension Code.

The appellate court upheld the Board’s decision to strip Trapp of his pension. The court clarified that the Board’s action was not a reversal of its initial decision. Instead, it was a new action based on new information: Trapp’s felony conviction.

The court therefore sent a clear message: pension boards have the authority—and the responsibility—to revoke benefits when presented with evidence of service-related felonies, even if that evidence comes to light after retirement.

Conclusion

Trapp’s case and the broader statutory framework highlight the critical importance of maintaining ethical conduct throughout one’s career in public service. For firefighters, police officers, and other public employees, the message is clear: upholding the law and maintaining professional integrity is not just a matter of job performance, but a lifelong commitment that directly impacts their financial future. Breaching that obligation could mean forfeiting one’s retirement benefit.

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