HB2721ham001 104TH GENERAL ASSEMBLY

Rep. Curtis J. Tarver, II

Filed: 3/10/2025

10400HB2721ham001 LRB104 09005 RPS 22446 a

AMENDMENT TO HOUSE BILL 2721

AMENDMENT NO. ______. Amend House Bill 2721 by replacing everything after the enacting clause with the following:

"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; sex offenses. 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 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; sex offenses. 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 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.)".