Bill Status of HB 5816   98th General Assembly

Short Description:  PEN CD-FELONY SUSPENSION

House Sponsors
Rep. Darlene J. Senger-Scott Drury and Dwight Kay

Senate Sponsors
(Sen. Kwame Raoul)


Last Action  View All Actions

DateChamber Action
  12/3/2014HouseSession Sine Die

Statutes Amended In Order of Appearance
40 ILCS 5/1-136 new

Synopsis As Introduced
Amends the Illinois Pension Code. Provides that if a member or participant of a pension fund or retirement system established under the Code is convicted of, or pleads guilty to, intimidation by a public official, bribery, official misconduct, engaging in kickbacks, fraudulently obtaining public moneys reserved for a disadvantaged business enterprise, or certain theft offenses, then none of the benefits that are provided for under the Code and that are attributable to the service of that person shall be paid. Provides that if a member or participant of a pension fund or retirement system established under the Code is receiving an annuity or pension from a pension fund or retirement system established under the Code and is convicted of, or pleads guilty to, a felony (other than intimidation by a public official, bribery, official misconduct, engaging in kickbacks, fraudulently obtaining public moneys reserved for a disadvantaged business enterprise, certain theft offenses, or any other felony requiring the forfeiture of that annuity or pension under the Code), then the board of trustees of that fund or system shall suspend the payment of that annuity or pension during that individual's incarceration for that offense. Provides that, upon completion of the term of incarceration for that offense, the member or participant may seek reinstatement of his or her annuity or pension by filing a request for reinstatement of benefits with the applicable pension fund or retirement system in the manner prescribed by the applicable fund or system.

House Floor Amendment No. 3
Replaces everything after the enacting clause with the introduced bill with the following changes. Broadens the forfeiture provision to apply to job-related felonies, including, but not limited to, intimidation by a public official, bribery, official misconduct, engaging in kickbacks, fraudulently obtaining public moneys reserved for a disadvantaged business enterprise, certain theft offenses, or any other felony requiring the forfeiture of that annuity or pension under the Code (rather than only those specified felonies). Provides that if a member or participant of a pension fund or retirement system established under the Code is receiving an annuity or pension from a pension fund or retirement system established under the Code and is convicted of, or pleads guilty to, a Class X or a Class 1 felony (rather than a felony), other than those specified felonies, then the board of trustees of that fund or system shall suspend the payment of that annuity or pension during that member's or participant's incarceration for that offense. Provides that a person who forfeits his or her benefits (rather than a person to whom the provision concerning public corruption and other disqualifying felony convictions applies) is entitled to a refund of his or her employee contributions only if a refund (rather than his or her unused employee contributions to the extent that the refund) of those contributions is necessary in order for the pension fund or retirement system to maintain qualified plan status under the federal Internal Revenue Code of 1986. Specifies that the provision concerning public corruption and other disqualifying felony convictions applies without regard to whether the member or participant is in service (rather than active service) on or after the effective date of the amendatory Act.

Actions 
DateChamber Action
  2/14/2014HouseFiled with the Clerk by Rep. Darlene J. Senger
  2/14/2014HouseFirst Reading
  2/14/2014HouseReferred to Rules Committee
  2/27/2014HouseAssigned to Personnel and Pensions Committee
  3/21/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Darlene J. Senger
  3/21/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/24/2014HouseHouse Committee Amendment No. 1 Rules Refers to Personnel and Pensions Committee
  3/25/2014HouseDo Pass / Short Debate Personnel and Pensions Committee; 008-000-001
  3/25/2014HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  3/25/2014HousePlaced on Calendar 2nd Reading - Short Debate
  3/27/2014HouseAdded Chief Co-Sponsor Rep. Scott Drury
  4/3/2014HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Darlene J. Senger
  4/3/2014HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/7/2014HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Darlene J. Senger
  4/7/2014HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/7/2014HouseHouse Floor Amendment No. 3 Rules Refers to Personnel and Pensions Committee
  4/9/2014HouseHouse Floor Amendment No. 3 Recommends Be Adopted Personnel and Pensions Committee; 009-000-000
  4/9/2014HouseSecond Reading - Short Debate
  4/9/2014HouseHouse Floor Amendment No. 3 Adopted
  4/9/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/10/2014HouseThird Reading - Short Debate - Passed 086-013-000
  4/10/2014HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40
  4/10/2014HouseAdded Co-Sponsor Rep. Dwight Kay
  4/11/2014SenateArrive in Senate
  4/11/2014SenatePlaced on Calendar Order of First Reading
  4/11/2014SenateChief Senate Sponsor Sen. Kwame Raoul
  4/11/2014SenateFirst Reading
  4/11/2014SenateReferred to Assignments
  4/30/2014SenateAssigned to Executive
  5/1/2014SenateTo Subcommittee on Special Issues (EX)
  5/16/2014SenateRule 3-9(a) / Re-referred to Assignments
  12/3/2014HouseSession Sine Die

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