HB0447 102ND GENERAL ASSEMBLY

LRB102 10860 RPS 16190 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0447

Introduced 2/8/2021, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

40 ILCS 5/3-147	from Ch. 108 1/2, par. 3-147
40 ILCS 5/5-227	from Ch. 108 1/2, par. 5-227
40 ILCS 5/7-219	from Ch. 108 1/2, par. 7-219
40 ILCS 5/8-251	from Ch. 108 1/2, par. 8-251
40 ILCS 5/9-235	from Ch. 108 1/2, par. 9-235
40 ILCS 5/14-149	from Ch. 108 1/2, par. 14-149
40 ILCS 5/15-187	from Ch. 108 1/2, par. 15-187

Amends the Downstate Police, Chicago Police, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, State Employee, and State Universities Articles of the Illinois Pension Code. Provides that for a person who first becomes a police officer on or after the effective date of the amendatory Act, none of the benefits provided in those Articles shall be paid to any person who is convicted of a felony relating to or arising out of or in connection with his or her service as a police officer or a disqualifying offense. Provides that with respect to benefits attributable to a police officer who first becomes a police officer on or after the effective date of the amendatory Act, none of the benefits provided for in those Articles shall be paid to any police officer who otherwise would receive a survivor benefit who is convicted of a felony relating to or arising out of or in connection with his or her service as a police officer or a disqualifying offense. Defines "disqualifying offense" and "police officer". Makes other changes. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Sections 3-147, 5-227, 7-219, 8-251, 9-235, 14-149, and 15-187 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd 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 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd 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.)

(40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)

Sec. 7-219. Felony conviction. 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 an employee. For a person who first becomes a sheriff's law enforcement employee on or after the effective date of this amendatory Act of the 102nd General Assembly, none of the benefits provided in this Article shall be paid to any sheriff's law enforcement employee who is convicted of (i) a felony relating to or arising out of or in connection with his or her service as a sheriff's law enforcement employee 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 employee from whom the benefit results. With respect to benefits attributable to a sheriff's law enforcement employee who first becomes a sheriff's law enforcement employee on or after the effective date of this amendatory Act of the 102nd 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 sheriff's law enforcement employee from whom the benefit results or (ii) a disqualifying offense.

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 102nd 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 102nd General Assembly.

All future entrants entering service subsequent to July 9, 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 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd 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 5/8-251) (from Ch. 108 1/2, par. 8-251)

Sec. 8-251. Felony conviction. 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 municipal employee. For a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd 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 employee from whom the benefit results. 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 102nd 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 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 Public Act 100-334, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334). The changes made by this amendatory Act of the 102nd 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 102nd General Assembly.

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. The changes made to this Section by Public Act 100-23 apply only to persons who first become participants under this Article on or after July 6, 2017 (the effective date of Public Act 100-23).

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 August 25, 2017 (the effective date of Public Act 100-334) shall be deemed to have consented to the provisions of Public Act 100-334 as a condition of participation. All persons entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd 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.

"Police officer" means an employee who renders service as a police officer and member of the regularly constituted police department of the city.

(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17; 100-863, eff. 8-14-18.)

(40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)

Sec. 9-235. Felony conviction. 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 service as an employee. For a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly, none of the benefits provided in this Article shall be paid to any police officer 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 employee from whom the benefit results. 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 102nd 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 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 102nd 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 102nd General Assembly.

All future entrants entering service after 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 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd 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.

"Police officer" means an employee of the county employed in any position under the County Police Merit Board as a deputy sheriff in the County Police Department.

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

(40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)

Sec. 14-149. 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. For a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly, none of the benefits provided in this Article shall be paid to any police officer 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 employee from whom the benefit results. 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 102nd 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 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 102nd 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 102nd General Assembly.

All future entrants entering service subsequent to July 9, 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 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd 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.

"Police officer" means a State policeman, special agent, investigator for the Secretary of State, conservation police officer, investigator for the Department of Revenue or the Illinois Gaming Board, security employee of the Department of Human Services, Central Management Services security police officer, security employee of the Department of Corrections or the Department of Juvenile Justice, dangerous drugs investigator, investigator for the Department of State Police, investigator for the Office of the Attorney General, controlled substance inspector, investigator for the Office of the State's Attorneys Appellate Prosecutor, Commerce Commission police officer, arson investigator, or security employee of the Department of Innovation and Technology.

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

(40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)

Sec. 15-187. Felony conviction. None of the benefits provided under this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with a person's service as an employee from which the benefit derives. For a person who first becomes a police officer on or after the effective date of this amendatory Act of the 102nd General Assembly, none of the benefits provided in this Article shall be paid to any police officer who is convicted of (i) any felony relating to or arising out of or in connection with a person's service as a police officer from which the benefit derives or (ii) as disqualifying offense.

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. The changes made to this Section by this amendatory Act of the 100th General Assembly shall not impair any contract or vested right acquired prior to the effective date of this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd 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 102nd General Assembly. No refund paid to any person who is convicted of a felony relating to or arising out of or in connection with the person's service as an employee shall include employer contributions or interest or, in the case of the self-managed plan authorized under Section 15-158.2, any employer contributions or investment return on such employer contributions.

All persons entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this Section as a condition of coverage, and all participants entering service on or 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 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd 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.)

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