* Memo to the State Employees’ Retirement System from Illinois Attorney General Kwame Raoul…

We have your letter inquiring whether, pursuant to section 14-149 of the Illinois Pension Code (the Pension Code) (40 ILCS 5/14-149 (West 2022)), Timothy Mapes, a member of the State Employees’ Retirement System, has forfeited his pension benefits because of his convictions for the offenses ofperjury (18 U.S.C. § 1623(a) (2018)) and attempted obstruction of justice (18 U.S.C. § 1512(c)(2) (2018)). For the reasons stated below, Mapes’ felony convictions related to, arose out of, or were in connection with his service as a State employee, thereby requiring the forfeiture of his pension benefits.

BACKGROUND

According to the records of the United States District Court for the Northern District of Illinois provided to this office, on May 26, 2021 , a special grand jury returned a two-count Indictment against Mapes. On August 24, 2023, a jury found him guilty of both counts.

Section 14-149 of the Pension Code requires the forfeiture of a participant’s retirement annuities and other pension benefits upon his conviction of a service-related felony and provides, in pertinent part:

Felony conviction. None 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 service as an employee.

The purpose of the felony forfeiture provisions in the Pension Code is to discourage official misconduct and to implement the public’s right to conscientious service from those in governmental positions by denying retirement benefits to public servants convicted of violating the public’s trust. […]

Illinois courts have employed three alternative tests for evaluating whether the requisite nexus exists. […]

“But For” Test

[…] Although Mapes made the false declarations triggering the perjury and attempted obstruction of justice convictions in March 2021 , after Mapes ceased his employment with the House of Representatives, Bauer makes clear that felony forfeiture provisions do not exclusively apply to felonies committed while the pension claimant is employed […]

The Indictment indicates that the federal investigation Mapes sought to obstruct concerned certain actions and communications that occurred, in part, while Mapes was still employed as Chief of Staff. Regardless of when Mapes made the false statements, there can be little question that Mapes knew about and sought to obstruct the matters that were the subject of the federal investigation because of his State employment. Additionally, while the Indictment refers to Mapes’ role as Executive Director of the Democratic Party, his conviction was for conduct that was not limited to that role […]

But for Mapes’ service as Chief of Staff to the Speaker, Mapes would not have been privy to the communications or activities at issue during his questioning before the grand jury. […]

“Material Element and Substantial Factor” Test

The court records likewise show that Mapes’ position as Chief of Staff was a material element and substantial factor in bringing about the subsequent criminal acts. […]

(A) nexus existed between Mapes’ felonies of perjury and attempted obstruction ofjustice and his service as Chief of Staff. As alleged in the Indictment, Mapes’ criminal conduct that resulted in his convictions was undertaken to hide certain actions and communications that occurred when Mapes was Chief of Staff for the Speaker, and involved the Speaker, other current and former members of the House of Representatives, current and former lobbyists, and others with legislative business before the House. […]

“Causal Connection” Test

[…] The court records available to this office also establish that Mapes’ felonies arise out of his employment as Chief of Staff or his knowledge gained from that position. […]

In sum, Mapes was in a position to commit these offenses because of the knowledge gained in his capacity as Chief of Staff for the Speaker. Mapes was employed as a senior aide to the Speaker for over 25 years. In this role, he obtained information related to the activities of the Speaker, as well as other current and former elected officials, and took actions and communicated with others in that capacity. Mapes attempted to hide these communications and actions. Mapes’ false statements, and the corresponding obstruction, thus clearly related to his public employment

CONCLUSION

Based on the records of the United States District Court of the Northern District of Illinois provided to this office, Timothy Mapes was convicted of felonies requiring the forfeiture of his pension benefits under the State Employees’ Retirement System pursuant ot section 14-149 of the Illinois Pension Code. However, pursuant to Illinois case law, he does retain the right to a refund of his contributions ot the system.

This is not an official opinion of the Attorney General. If we may be of further assistance, please advise.

…Adding… Comptroller Susana Mendoza…

I agree with Attorney General Kwame Raoul’s opinion that Tim Mapes’ state pension should be forfeited.

As I have stated all along, it is my personal opinion that anyone convicted of violating the public trust should be stripped of their taxpayer-funded pension.