HB4999ham001 101ST GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 3/5/2020

10100HB4999ham001 LRB101 15979 RPS 71293 a

AMENDMENT TO HOUSE BILL 4999

AMENDMENT NO. ______. Amend House Bill 4999 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Sections 3-147 and 5-227 as follows:

(40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)

Sec. 3-147. Felony conviction. For a person who first became a police officer before the effective date of this amendatory Act of the 101st General Assembly, none None of the benefits provided in this Article 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 police officer. For a person who first becomes a police officer on or after the effective date of this amendatory Act of the 101st General Assembly, none of the benefits provided in this Article shall be paid to any person who is convicted of (i) a felony relating to or arising out of or in connection with his or her service as a police officer or (ii) a disqualifying offense.

None of the benefits provided for in this Article 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 police officer from whom the benefit results if that police officer first became a police officer before the effective date of this amendatory Act of the 101st General Assembly. With respect to benefits attributable to a police officer who first becomes a police officer on or after the effective date of this amendatory Act of the 101st General Assembly, none of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of (i) a felony relating to or arising out of or in connection with the service of the police officer from whom the benefit results or (ii) a disqualifying offense.

This Section shall not impair any contract or vested right acquired prior to July 11, 1955 under any law continued in this Article, nor preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 101st General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 101st General Assembly.

All persons entering service subsequent to July 11, 1955 are deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 101st General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 101st General Assembly as a condition of participation.

In this Section, "disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

(Source: P.A. 100-334, eff. 8-25-17.)

(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)

Sec. 5-227. Felony conviction. For a person who first became a policeman before the effective date of this amendatory Act of the 101st General Assembly, none None of the benefits provided for in this Article 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 a policeman. For a person who first becomes a policeman on or after the effective date of this amendatory Act of the 101st General Assembly, none of the benefits provided in this Article shall be paid to any person who is convicted of (i) a felony relating to or arising out of or in connection with his or her service as a policeman or (ii) a disqualifying offense.

None of the benefits provided for in this Article 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 policeman from whom the benefit results if that policeman first became a policeman before the effective date of this amendatory Act of the 101st General Assembly. With respect to benefits attributable to a policeman who first becomes a policeman on or after the effective date of this amendatory Act of the 101st General Assembly, none of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of (i) a felony relating to or arising out of or in connection with the service of the policeman from whom the benefit results or (ii) a disqualifying offense.

None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony while in receipt of disability benefits.

None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with the intentional and wrongful death of a police officer, either active or retired, through whom such person would become eligible to receive, or is receiving, an annuity under this Article.

For a person who first became a policeman before the effective date of this amendatory Act of the 101st General Assembly, a A person who intentionally and unjustifiably causes delay in proceedings in which the person is ultimately convicted of a felony relating to or arising out of or in connection with his service as a policeman shall not be entitled to any benefits provided for in this Article on and after the filing date of the related indictment or charges. This paragraph applies to all persons whose felony conviction was entered on or after January 1, 2019.

For a person who first becomes a policeman on or after the effective date of this amendatory Act of the 101st General Assembly, a person who intentionally and unjustifiably causes delay in proceedings in which the person is ultimately convicted of a felony relating to or arising out of or in connection with his service as a policeman or a disqualifying offense shall not be entitled to any benefits provided for in this Article on and after the filing date of the related indictment or charges.

Any refund required under this Article shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries. This paragraph applies to all persons who make an application for refund to the Fund on or after January 1, 2019.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor to preclude the right to a refund, and for the changes under this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 101st General Assembly shall not impair any contract or vested right acquired by a survivor prior to the effective date of this amendatory Act of the 101st General Assembly.

All future entrants entering service subsequent to July 11, 1955, shall be deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service subsequent to the effective date of this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of this amendatory Act as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 101st General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 101st General Assembly as a condition of participation.

In this Section, "disqualifying offense" means any of the following offenses set forth in the Criminal Code of 1961 or the Criminal Code of 2012 or any substantially similar offense in federal law, the Uniform Code of Military Justice, or state law:

(1) Indecent solicitation of a child.

(2) Sexual exploitation of a child.

(3) Custodial sexual misconduct.

(4) Exploitation of a child.

(5) Child pornography.

(6) Aggravated child pornography.

(7) First degree murder.

(8) Second degree murder.

(9) Predatory criminal sexual assault of a child.

(10) Aggravated criminal sexual assault.

(11) Criminal sexual assault.

(12) Aggravated kidnaping.

(13) Aggravated battery resulting in great bodily harm or permanent disability or disfigurement.

(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)

Section 99. Effective date. This Act takes effect upon becoming law.".