HB2721 104TH GENERAL ASSEMBLY

LRB104 09005 RPS 19061 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2721

Introduced 2/6/2025, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

40 ILCS 5/16-199	from Ch. 108 1/2, par. 16-199
40 ILCS 5/17-149.1	from Ch. 108 1/2, par. 17-149.1

Amends the Downstate Teacher and Chicago Teacher Articles of the Illinois Pension Code. Provides that none of the benefits provided for in those Articles shall be paid to any person who is convicted of any crime under the Sex Offenses Article of the Criminal Code of 2012 or of a crime that requires registration under the Sex Offender Registration Act. Provides that none of the benefits shall be paid to a person during a criminal investigation for acts that constitute a crime under the Sex Offenses Article of the Criminal Code of 2012 or to a person during a criminal proceeding for a violation of Article 11 of the Criminal Code of 2012. If criminal charges under the Sex Offenses Article of the Criminal Code of 2012 are dismissed with prejudice or the person is acquitted of those criminal charges, then the right to benefit payments shall resume. Provides that none of the benefits shall be paid to a person during an investigation by an inspector general in connection with acts of sexual misconduct committed against a student. Provides that, if the inspector general finds that the allegations of sexual misconduct are substantiated, then none of the benefits shall be paid to that person. Provides that, if the inspector general finds that the allegations of sexual misconduct against a student are without merit, unsubstantiated, or unfounded, then the right to benefit payments shall resume. Specifies that provisions concerning the forfeiture of benefits apply without regard to whether the person resigned or was terminated from employment. Provides that the changes made by the amendatory Act apply only to a person who first becomes a teacher on or after the effective date of the amendatory Act. Makes other changes.

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 16-199 and 17-149.1 as follows:

(40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)

Sec. 16-199. Felony conviction; sexual misconduct; and investigations. 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 or her service as a teacher.

None of the benefits provided for in this Article shall be paid to any person who is convicted of any crime under Article 11 of the Criminal Code of 2012 or a crime that requires registration under the Sex Offender Registration Act.

None of the benefits provided for in this Article shall be paid to a person during a criminal investigation for acts that constitute a crime under Article 11 of the Criminal Code of 2012 or to a person during a criminal proceeding for a violation of Article 11 of the Criminal Code of 2012. If criminal charges under Article 11 of the Criminal Code of 2012 are dismissed with prejudice or the person is acquitted of those criminal charges, then the right to benefit payments shall resume.

None of the benefits provided for in this Article shall be paid to a person during an investigation by an inspector general in connection with acts of sexual misconduct committed against a student. If the inspector general finds that the allegations of sexual misconduct are substantiated, then none of the benefits provided for in this Article shall be paid to that person. If the inspector general finds that the allegations of sexual misconduct against a student are without merit, unsubstantiated, or unfounded, then the right to benefit payments shall resume.

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 teacher from whom the benefit results.

This Section shall not operate to impair any contract or vested right acquired prior to July 9, 1955 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 System may sue any such person to collect all moneys paid in excess of refundable contributions.

All teachers entering or re-entering service after July 9, 1955 shall be deemed to have consented to the provisions of this Section as a condition of membership, 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 teachers entering service after the effective date of this amendatory Act of the 104th General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 104th General Assembly as a condition of participation.

This Section applies without regard to whether the person resigned or was terminated from employment. The changes made to this Section by this amendatory Act of the 104th General Assembly apply only to persons who first become a teacher on or after the effective date of this amendatory Act of the 104th General Assembly.

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

(40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)

Sec. 17-149.1. Felony conviction; sexual misconduct; and investigations. 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 or her service as a teacher.

None of the benefits provided for in this Article shall be paid to any person who is convicted of any crime under Article 11 of the Criminal Code of 2012 or a crime that requires registration under the Sex Offender Registration Act.

None of the benefits provided for in this Article shall be paid to a person during a criminal investigation for acts that constitute a crime under Article 11 of the Criminal Code of 2012 or to a person during a criminal proceeding for a violation of Article 11 of the Criminal Code of 2012. If criminal charges under Article 11 of the Criminal Code of 2012 are dismissed with prejudice or the person is acquitted of those criminal charges, then the right to benefit payments shall resume.

None of the benefits provided for in this Article shall be paid to a person during an investigation by an inspector general in connection with acts of sexual misconduct committed against a student. If the inspector general finds that the allegations of sexual misconduct are substantiated, then none of the benefits provided for in this Article shall be paid to that person. If the inspector general finds that the allegations of sexual misconduct against a student are without merit, unsubstantiated, or unfounded, then the right to benefit payments shall resume.

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 teacher from whom the benefit results.

This Section shall not operate to impair any contract or vested right acquired prior to January 1, 1988, 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.

All teachers entering service after January 1, 1988 shall be deemed to have consented to the provisions of this Section as a condition of membership, 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 teachers entering service after the effective date of this amendatory Act of the 104th General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 104th General Assembly as a condition of participation.

This Section applies without regard to whether the person resigned or was terminated from employment. The changes made to this Section by this amendatory Act of the 104th General Assembly apply only to persons who first become a teacher on or after the effective date of this amendatory Act of the 104th General Assembly.

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