Hendricks v. Board of Trustees of the Police Pension Fund of the City of Galesburg, 38 N.E.3d 969

David W. Hendricks, a retired Galesburg police officer, pled guilty to two job-related felonies, was placed on TASC probation, and later successfully completed it.
After completing TASC, the trial court vacated Hendricks’s felony convictions and dismissed the criminal proceedings under the TASC statute.
Hendricks applied for police retirement benefits; the Board of Trustees denied benefits, finding the underlying conviction still effective because it concluded the TASC sentencing/vacation orders were void.
Hendricks sought administrative review; the trial court reversed the Board and ordered benefits granted.
On appeal, the Third District reviewed whether a vacated job-related felony conviction still disqualifies an applicant under 40 ILCS 5/3-147.

Issue	Hendricks’ Argument	Board’s Argument	Held
Whether a job-related felony conviction vacated under the TASC statute still disqualifies an applicant under pension-disqualification statute 3‑147	A vacated conviction is no longer a conviction; Board may not collaterally attack a trial court’s vacation order; pension statute applies only to persons who "are convicted"	The Board may treat the sentencing/vacation orders as void and thus treat the conviction as still in effect; public‑policy favors denying pensions to corrupt officers	Court held de novo that vacated convictions are not convictions for §3‑147; Board cannot ignore the trial court’s vacation order; benefits must be granted
Whether the proper standard of review is de novo or deferential	De novo review because the dispute is statutory interpretation	Manifest weight / clearly erroneous because Board made factual findings	Court applied de novo review, treating the issue as statutory construction
Whether Hendricks forfeited arguments by not appearing at the Board hearing	No forfeiture: issue was decided by the Board and preserved in the record	Forfeiture: failure to appear waived arguments	Court rejected forfeiture; issue was decided by the Board and reviewable

Marconi v. Chicago Heights Police Pension Board, 225 Ill. 2d 497 (statutory-interpretation standard and administrative-review principles)
Ryan v. Board of Trustees of the General Assembly Retirement System, 236 Ill. 2d 315 (pension-disqualification analyzed as statutory construction)
Matsuda v. Cook County Employees’ & Officers’ Annuity & Benefit Fund, 178 Ill. 2d 360 (pension statutes construed in favor of applicants)
Kerner v. State Employees’ Retirement System, 72 Ill. 2d 507 (purpose of pension-disqualification statutes)
McClure v. Ashcroft, 335 F.3d 404 (5th Cir.) (third parties may not collaterally attack court orders)
People v. Wunnenberg, 87 Ill. App. 3d 32 (vacated conviction lacks legal effect)
AFM Messenger Service, Inc. v. Department of Employment Security, 198 Ill. 2d 380 (administrative-record review scope)