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Hastert wants to keep his pension money

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Illinois

Former U.S. House Speaker Dennis Hastert is challenging a decision by the Teachers’ Retirement System to terminate his pension and go after a refund of $222,808, arguing the federal charges he was convicted of last spring are not directly connected to his time as a teacher.

“No specific charges were ever brought against Mr. Hastert in relation to conduct that occurred while he was a teacher,” lawyer Mark DeBofsky wrote in a letter to the pension system, which the Daily Herald obtained via a Freedom of Information Act request.

Hastert, of Plano, is serving 15 months in a federal prison in Minnesota after pleading guilty to money laundering charges involving payments to cover up sexual misconduct. At his April 27 sentencing, Hastert admitted he had sexually abused teenage boys he’d taught and coached at Yorkville High School, where he worked from 1965 to 1981.

“The applicable limitations period for charging any such offense expired long before the federal indictment was issued,” DeBofsky wrote. He also referenced a 1987 Illinois Appellate Court decision that found it is unlawful for TRS to seek to recoup benefits paid prior to the date of conviction.

At the time Hastert worked in Yorkville, Illinois’ statute of limitations on abuse cases was three years. It later was expanded, and Illinois Attorney General Lisa Madigan is using the Hastert case in her push to further lengthen the time limit during which charges are allowed.

Is it a stretch to take his pension? I dunno. The charges that he disguised payments to one of his alleged victims in order to avoid IRS disclosures and then lied to the FBI about it do all stem from his time as a teacher.

posted by Rich Miller
Tuesday, Nov 22, 16 @ 9:03 am

Comments

As despicable as he and his behavior are and were, as a matter of law, he may be correct on this. What a disgusting thing to have to revisit.

Comment by A guy Tuesday, Nov 22, 16 @ 9:17 am
It appears to be a case of “piling on”. But when the target is a former political powerhouse who has been accused of child abuse, what’s the downside?

Comment by Colin O'Scopey Tuesday, Nov 22, 16 @ 9:17 am
If you constitutionally can’t change pension benefits how can you take it away? This is not a question for the Hastert story above, more of an overarching question about the law and constitution regarding pensions.

Comment by Ahoy! Tuesday, Nov 22, 16 @ 9:19 am
Rich, did Hastert actually cash out? The article reads as though he is still collecting payments of which the TRS wants to halt and recoup payment already made to the tune of $222,808.

Comment by Colin O'Scopey Tuesday, Nov 22, 16 @ 9:21 am
A case can be made for either side, but its important to consider the seriousness of the crimes he committed while employed at Yorkville H.S. He sexually assaulted children, and he admitted that he did it. It’s important, too, that none of this comes out if he’s not caught laundering money. Let him keep the equivalent of what he contributed, plus appropriate interest. Make him forfeit the rest.

Comment by Lincoln Insulted Batavia Tuesday, Nov 22, 16 @ 9:26 am
It shows his character to bank millions during his time as Speaker–remember the Prairie Parkway land deal?–and then lawyer up to keep his pension. He’ll be fine financially when he gets out. Many pensioners in the crosshairs during the Great Illinois Fiscal Debacle aren’t so blessed.

Comment by Lefty Lefty Tuesday, Nov 22, 16 @ 9:41 am
What else was TRS to do? Hastert was an admitted serial sexual predator of children as a teacher — and he wants a pension for that?

Make him fight for it, every step of the way, as he clearly has no remorse or shame.

Comment by wordslinger Tuesday, Nov 22, 16 @ 9:48 am
I’m having trouble with the math here. If his TRS pension was $16,808 when suspended, and given his age, that likely includes a number of 3% AAI’s. That part is fine, as long ago as he taught. I can’t figure out where the $222k “refund” came from or what it represents. I’m reasonably certain his years in retirement exhausted all sums he originally contributed as a teacher.

Comment by Arthur Andersen Tuesday, Nov 22, 16 @ 9:55 am
Regardless of law, as a matter of principles…seriously? Have some remorse, apologize, do your time, and move on with the rest of life and stay out of the limelight. Geez.

Comment by Meh Tuesday, Nov 22, 16 @ 9:56 am
Move on from Hastert. Let him keep the pension -he’ll need it. And on an important Congressional aside: John Shimkus, as the senior GOP Congressman from Illinois now, will make the recommendations to the Trump White House on US Attorney, US Marshall, and US Judge appointments. Dem US Attorneys will all tender their resignations. Maybe Rich needs a separate post on this.

Comment by Formerpol Tuesday, Nov 22, 16 @ 10:20 am
== (40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
Sec. 2-156. 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 or her service as a member.
This Section shall not operate to impair any contract or vested right acquired prior to July 11, 1955 under any law or laws continued in this Article, nor to preclude the right to a refund.
All participants entering service subsequent to July 11, 1955 shall be deemed to have consented to the provisions of this Section as a condition of participation.
(Source: P.A. 83-1440.) ==

Comment by RNUG Tuesday, Nov 22, 16 @ 10:26 am
Since what Hastert did is horrible, then why is former C.P.D. detective Jon Burge still collecting his police pension? If I remember correctly, he appealed all the way to the state police pension board, and they let him keep it. The board is loaded with cops instead of citizens.

So society is sending the message that if you suffocate and electric shock handcuffed prisoners that’s okay, the police bureaucracy will run interference for you. But if you are a high profile former Congressman, the system will try to find a way to change the rules retroactively to take your pension.

Comment by Payback Tuesday, Nov 22, 16 @ 10:33 am
“No specific charges were ever brought against Mr. Hastert”

Yes, but your client brought up abusing students while being a teacher/coach in open court. I’m reminded of the fireman who asks George Costanza “How do you live with yourself?”

Comment by Jocko Tuesday, Nov 22, 16 @ 10:33 am
The pension board makes the decidion. If it ends up in court, they have usually read that narrowly to mean convicted of a crime associated with the employee’s official duties.

Comment by RNUG Tuesday, Nov 22, 16 @ 10:34 am
As the federal judge rightly said in open court, Dennis Hastert is a serial child molester.

The fact that anyone would even take this suggestion from that monster seriously shows just how messed up this state is. Hastert should just be happy he’s not serving more years and never show his despicable face again.

Comment by just sayin' Tuesday, Nov 22, 16 @ 10:36 am
He’s not just an Ex-Congressman. He committed sexual assault on CHILDREN, mutiple times. I wonder where he was getting his action when he left the schools…those people do not just stop.

Comment by Belle Tuesday, Nov 22, 16 @ 10:55 am
Not a huge fan by any means, but he did earn his pension when he was a teacher/coach.

Comment by GOV2016 Tuesday, Nov 22, 16 @ 11:01 am
Gov, as a teacher/coach, he admitted in court to using his position and authority to sexually abuse children.

Is that what you mean when you say he “earned his pension?”

Comment by wordslinger Tuesday, Nov 22, 16 @ 11:08 am
“any felony relating to or arising out of or in connection” read it a couple of times…..his felony was relating to and in connection to child molestation.. he himself said so…this is very broad language and covers it….no pension

Comment by wondering Tuesday, Nov 22, 16 @ 11:27 am
@Formerpol - not necessarily agreeing that we move on from Hassert, but you do raise another troubling point.

It is scary thinking about the choices and recommendations that my Congressman will make given his elevated status. With Sessions as AG these picks could well undue decades of good work being done bone by the DOJ.

I am certain that the plutocrats that own the ILGOP will let him know who to recommend. And I am equally certain that they will all be as capable and qualified as Slip and Sue!

Comment by illini Tuesday, Nov 22, 16 @ 12:07 pm
Of course, that is not what I meant.

Comment by ILGOV2018 Tuesday, Nov 22, 16 @ 12:39 pm
No. Just no. Donate it to victims of child molestation for therapy…

Comment by Loop Lady Tuesday, Nov 22, 16 @ 12:40 pm
Gov, then what did you mean?

Hastert admitted in open court to using his position as teacher/coach to sexually abuse a series of children over a number of years.

You say he “earned” his pension as a teacher/coach.

Do you mean, except for the serial sexual abuse of children, he did a swell job?

Let him make his case in court. It would be unconscionable for TRS to send this monster checks without a fight.

For Gods sake, Hastert (somehow) banked millions as a legislator and lived like a king while Speaker. Then he really cashed in when he left office.

I’d say Illinois taxpayers have done enough for him. He left a trail of broken lives and brought us nothing but shame, something he obviously is incapable of.

Comment by Anonymous Tuesday, Nov 22, 16 @ 1:17 pm
Hastert does not deserve anything at this point but A COT and 3 hot meals.

Comment by flea Tuesday, Nov 22, 16 @ 1:20 pm
Payback, FWIW, the decisions on the Burge case were all made at the municipal level. The City of Chicago Police Pension Fund handled his case.

In fact, there is no such thing as a “State Police Pension Board.” State Police sworn and other staff are all members of SERS.

Comment by Arthur Andersen Tuesday, Nov 22, 16 @ 1:34 pm