Any person who has received from the State or from any local governmental unit compensation, benefits or remuneration by means of a false or fraudulent record, statement, or claim or other willful misrepresentation, or by his failure to notify the State or local governmental unit of a change in his status as may be required by the State or local governmental unit, or by other fraudulent device, shall be answerable to the State or local governmental unit, as the case may be, for refunding the entire amount of such compensation, benefits or remuneration received. If the refund is not made, it shall be recoverable in a civil action from the person who received the compensation, benefits or remuneration, or from anyone who knowingly aided such person in obtaining the compensation, benefits or remuneration.
20-102.
Article XX. Recovery of Fraudulently Obtained Public Funds · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceMakes anyone who receives public compensation, benefits, or remuneration through a false record, misrepresentation, or failure to report a status change liable to refund the full amount, recoverable in a civil action from the recipient or a knowing aider.
Full Text of 735 ILCS 5/20-102
Plain-English Summary
This section targets fraud in obtaining public pay or benefits. Anyone who receives compensation, benefits, or remuneration from the State or a local governmental unit by means of a false or fraudulent record, statement, or claim, a willful misrepresentation, a failure to report a required change in status, or another fraudulent device, becomes answerable to the State or local unit for refunding the entire amount received.
If that refund doesn't happen voluntarily, the government isn't left without a remedy: the amount is recoverable in a civil action, and that action can reach not just the person who received the funds but anyone who knowingly aided them in obtaining it. That extends liability beyond the direct recipient to those who helped make the fraud work.
Section 20-102's liability is framed around a full refund of what was received; the escalated civil penalties — interest, treble damages, or a per-instance fine — are addressed separately in Section 20-103, which covers a related but distinct category of fraudulent conduct.
Frequently Asked Questions
Who is liable to refund public compensation obtained through fraud under this section?
The person who received it by means of a false or fraudulent record, statement, claim, willful misrepresentation, failure to report a required status change, or other fraudulent device.
What must be refunded under Section 20-102?
The entire amount of the compensation, benefits, or remuneration received.
Can someone other than the recipient be held liable under this section?
Yes. Anyone who knowingly aided the recipient in obtaining the compensation, benefits, or remuneration can also be pursued in the civil action.
What if the recipient doesn't voluntarily refund the money?
The amount becomes recoverable in a civil action against the recipient or a knowing aider.
Does this section include civil penalties beyond the refund itself?
No. Section 20-102 is limited to refunding the amount received; interest and additional civil penalties are addressed in Section 20-103.
Amendment History
(Source: P.A. 84-1462.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: illinois public benefits fraud refundfalse claim public compensation illinoisrecovering fraudulently obtained public funds illinois