HB3838 94TH GENERAL ASSEMBLY

LRB094 02452 LRD 32453 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB3838

Introduced 2/25/2005, by Rep. Richard T. Bradley

SYNOPSIS AS INTRODUCED:

40 ILCS 5/2-156	from Ch. 108 1/2, par. 2-156
40 ILCS 5/3-147	from Ch. 108 1/2, par. 3-147
40 ILCS 5/4-138	from Ch. 108 1/2, par. 4-138
40 ILCS 5/5-227	from Ch. 108 1/2, par. 5-227
40 ILCS 5/6-221	from Ch. 108 1/2, par. 6-221
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 5/10-109 new
40 ILCS 5/11-230	from Ch. 108 1/2, par. 11-230
40 ILCS 5/12-191	from Ch. 108 1/2, par. 12-191
40 ILCS 5/13-807	from Ch. 108 1/2, par. 13-807
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
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
40 ILCS 5/18-163	from Ch. 108 1/2, par. 18-163

Amends various Articles of the Illinois Pension Code. Provides that the refund due to a person who must forfeit his or her pension because of a felony conviction shall be equal to his or her contributions (including amounts paid by the person to establish additional or optional credit), without interest, less the amount of any benefits paid to the person (including benefits paid to an alternate payee under a QILDRO). Provides that the refund shall not include employer contributions or any interest on contributions. Amends the Cook County Forest Preserve Article to explicitly add similar felony forfeiture provisions to that Article. Provides that the changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to 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 2-156, 3-147, 4-138, 5-227, 6-221, 7-219, 8-251, 9-235, 11-230, 12-191, 13-807, 14-149, 15-187, 16-199, 17-149.1, and 18-163 and by adding Section 10-109 as follows:

(40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)

Sec. 2-156. Felony conviction. None of the benefits herein provided for shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his or her service as a member.

This Section shall not operate to impair any contract or vested right acquired prior to July 11, 1955 under any law or laws continued in this Article, nor to preclude a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the System (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the System. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the System of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All participants entering service subsequent to July 11, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of participation.

(Source: P.A. 83-1440.)

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

Sec. 3-147. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his or her service as a police officer.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the fund. The refund shall not include employer contributions, interest on any contributions, or any return realized under a self-managed plan. This Section does not require repayment to the fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All persons entering service subsequent to July 11, 1955 are deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of coverage.

(Source: P.A. 83-1440.)

(40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)

Sec. 4-138. Felony conviction. None of the benefits provided under this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with service as a firefighter.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All persons entering service subsequent to July 11, 1955, are deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of coverage.

(Source: P.A. 83-1440.)

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

Sec. 5-227. Felony conviction. None of the benefits provided for in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his service as a policeman.

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.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service subsequent to July 11, 1955, shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of coverage.

(Source: P.A. 83-809.)

(40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)

Sec. 6-221. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his service as a fireman.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including amounts paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require the repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants after July 11, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it section as a condition of coverage.

(Source: Laws 1963, p. 161.)

(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 and sentenced for any felony relating to or arising out of or in connection with his service as an employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of coverage.

(Source: Laws 1963, p. 161.)

(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 and sentenced for any felony relating to or arising out of or in connection with his service as a municipal employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service subsequent to July 11, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it section as a condition of coverage.

(Source: Laws 1963, p. 161.)

(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 and sentenced for any felony relating to or arising out of or in connection with his service as an employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service after July 11, 1955, shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it section as a condition of coverage.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/10-109 new)

Sec. 10-109. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of and sentenced for any felony related to or arising out of or in connection with his service as an employee.

This Section shall not operate to impair any contract or vested right heretofore acquired under any law or laws continued in this Article, nor preclude a person's right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service after July 11, 1955, shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of coverage.

(40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)

Sec. 11-230. Felony conviction.

None of the benefits provided in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his service as employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service after July 11, 1955, shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it section as a condition of coverage.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)

Sec. 12-191. Felony conviction.

None of the benefits provided for in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his service as an employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service subsequent to July 11, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it section as a condition of coverage.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)

Sec. 13-807. Felony conviction. None of the benefits provided in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with service as an employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All persons entering service subsequent to July 11, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of coverage.

(Source: P.A. 87-794.)

(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 and sentenced for any felony relating to or arising out of or in connection with his service as an employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the System (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the System. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All future entrants entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it section as a condition of coverage.

(Source: P.A. 80-841.)

(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 and sentenced for any felony relating to or arising out of or in connection with the person's service as an employee.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the System (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO). 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. This Section does not require repayment to the System of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All persons entering service subsequent to July 9, 1955 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of coverage.

(Source: P.A. 93-347, eff. 7-24-03.)

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

Sec. 16-199. Felony conviction. None of the benefits provided for in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his or her service as a teacher.

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 a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the System (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the System. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the System of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution. 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 and the rules, policies, and procedures implementing it as a condition of membership.

(Source: P.A. 85-1008.)

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

Sec. 17-149.1. Felony conviction. None of the benefits provided for in this Article shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his or her service as a teacher.

This Section shall not operate to impair any contract or vested right acquired prior to January 1, 1988, nor to preclude a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the Fund (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the Fund. The refund shall not include employer contributions or any interest on contributions. This Section does not require the repayment to the Fund of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All teachers entering service after January 1, 1988 shall be deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of membership.

(Source: P.A. 85-964.)

(40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)

Sec. 18-163. Felony conviction. None of the benefits herein provided shall be paid to any person who is convicted of and sentenced for any felony relating to or arising out of or in connection with his or her service as a judge.

This Section shall not operate to impair any contract or vested right acquired before July 9, 1955 under any law or laws continued in this Article, nor to preclude a person's the right to a refund. A refund under this Section shall consist of amounts representing employee contributions paid by the person to the System (including such amounts paid by the person to establish additional or optional credit), without interest, less the amount of benefits paid to the person (including benefits paid to an alternate payee under a QILDRO) by the System. The refund shall not include employer contributions or any interest on contributions. This Section does not require repayment to the System of any benefit paid before the date of sentencing. The changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution.

All participants entering service subsequent to July 9, 1955 are deemed to have consented to the provisions of this Section and the rules, policies, and procedures implementing it as a condition of participation.

(Source: P.A. 83-1440.)

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