Rep. Darlene J. Senger

Filed: 3/21/2014

 

 


 

 


 
09800HB5816ham001LRB098 15892 RPM 56911 a

1
AMENDMENT TO HOUSE BILL 5816

2    AMENDMENT NO. ______. Amend House Bill 5816 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 2-156, 14-149, 15-187, 16-199, and 18-163 as
6follows:
 
7    (40 ILCS 5/2-156)  (from Ch. 108 1/2, par. 2-156)
8    Sec. 2-156. Felony conviction.
9    (a) If a person is convicted of, or pleads guilty to,
10violating paragraph (6) of subsection (a) of Section 12-6,
11subsection (a) of Section 33-1, Section 33-3, subsection (a) of
12Section 33E-7, or subsection (d) of Section 17-10.3 of the
13Criminal Code of 2012, or is sentenced for theft of
14governmental property under paragraph (4.1), (5.1), or (6.1) of
15subsection (b) of Section 16-1 of the Criminal Code of 2012,
16then none of the benefits provided under this Article that are

 

 

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1attributable to the service of that person under this Article
2shall be paid.
3    (b) None of the benefits herein provided for shall be paid
4to any person who is convicted of any felony relating to or
5arising out of or in connection with his or her service as a
6member.
7    (c) If a person is receiving an annuity from the System and
8is convicted of, or pleads guilty to, a felony, other than a
9felony requiring the forfeiture of that annuity under
10subsection (a) or (b) of this Section, then the Board shall
11suspend the payment of the annuity for the duration of that
12person's incarceration for that offense. Upon completion of the
13term of incarceration for that offense, the person may seek
14reinstatement of his or her annuity by filing a request for
15reinstatement of benefits with the System in the manner
16prescribed by the Board.
17    (d) A person who forfeits his or her benefits under this
18Section is entitled to a refund of his or her unused employee
19contributions to the extent that the refund of those
20contributions is necessary in order for the System to maintain
21qualified plan status under the federal Internal Revenue Code
22of 1986.
23    (e) This Section shall not operate to impair any contract
24or vested right acquired prior to July 11, 1955 under any law
25or laws continued in this Article, nor to preclude the right to
26a refund.

 

 

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1    All participants entering service subsequent to July 11,
21955 shall be deemed to have consented to the provisions of
3this Section as a condition of participation.
4    The changes to this Section made by this amendatory Act of
5the 98th General Assembly apply without regard to whether the
6person is in active service on or after the effective date of
7this amendatory Act.
8(Source: P.A. 83-1440.)
 
9    (40 ILCS 5/14-149)  (from Ch. 108 1/2, par. 14-149)
10    Sec. 14-149. Felony conviction.
11    (a) If a person is convicted of, or pleads guilty to,
12violating paragraph (6) of subsection (a) of Section 12-6,
13subsection (a) of Section 33-1, Section 33-3, subsection (a) of
14Section 33E-7, or subsection (d) of Section 17-10.3 of the
15Criminal Code of 2012, or is sentenced for theft of
16governmental property under paragraph (4.1), (5.1), or (6.1) of
17subsection (b) of Section 16-1 of the Criminal Code of 2012,
18then none of the benefits provided under this Article that are
19attributable to the service of that person under this Article
20shall be paid.
21    (b) None of the benefits herein provided for shall be paid
22to any person who is convicted of any felony relating to or
23arising out of or in connection with his or her service as an
24employee.
25    (c) If a person is receiving an annuity from the System and

 

 

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1is convicted of, or pleads guilty to, a felony, other than a
2felony requiring the forfeiture of that annuity under
3subsection (a) or (b) of this Section, then the Board shall
4suspend the payment of the annuity for the duration of that
5person's incarceration for that offense. Upon completion of the
6term of incarceration for that offense, the person may seek
7reinstatement of his or her annuity by filing a request for
8reinstatement of benefits with the System in the manner
9prescribed by the Board.
10    (d) A person who forfeits his or her benefits under this
11Section is entitled to a refund of his or her unused employee
12contributions to the extent that the refund of those
13contributions is necessary in order for the System to maintain
14qualified plan status under the federal Internal Revenue Code
15of 1986.
16    (e) This Section shall not operate to impair any contract
17or vested right heretofore acquired under any law or laws
18continued in this Article nor to preclude the right to a
19refund.
20    All future entrants entering service subsequent to July 9,
211955 shall be deemed to have consented to the provisions of
22this Section section as a condition of coverage.
23    The changes to this Section made by this amendatory Act of
24the 98th General Assembly apply without regard to whether the
25person is in active service on or after the effective date of
26this amendatory Act.

 

 

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1(Source: P.A. 80-841.)
 
2    (40 ILCS 5/15-187)  (from Ch. 108 1/2, par. 15-187)
3    Sec. 15-187. Felony conviction.
4    (a) If a person is convicted of, or pleads guilty to,
5violating paragraph (6) of subsection (a) of Section 12-6,
6subsection (a) of Section 33-1, Section 33-3, subsection (a) of
7Section 33E-7, or subsection (d) of Section 17-10.3 of the
8Criminal Code of 2012, or is sentenced for theft of
9governmental property under paragraph (4.1), (5.1), or (6.1) of
10subsection (b) of Section 16-1 of the Criminal Code of 2012,
11then none of the benefits provided under this Article that are
12attributable to the service of that person under this Article
13shall be paid.
14    (b) None of the benefits provided under this Article shall
15be paid to any person who is convicted of any felony relating
16to or arising out of or in connection with the person's service
17as an employee.
18    (c) If a person is receiving an annuity from the System and
19is convicted of, or pleads guilty to, a felony, other than a
20felony requiring the forfeiture of that annuity under
21subsection (a) or (b) of this Section, then the Board shall
22suspend the payment of the annuity for the duration of that
23person's incarceration for that offense. Upon completion of the
24term of incarceration for that offense, the person may seek
25reinstatement of his or her annuity by filing a request for

 

 

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1reinstatement of benefits with the System in the manner
2prescribed by the Board.
3    (d) A person who forfeits his or her benefits under this
4Section is entitled to a refund of his or her unused employee
5contributions to the extent that the refund of those
6contributions is necessary in order for the System to maintain
7qualified plan status under the federal Internal Revenue Code
8of 1986.
9    (e) This Section shall not operate to impair any contract
10or vested right heretofore acquired under any law or laws
11continued in this Article, nor to preclude the right to a
12refund. No refund paid to any person who is convicted of a
13felony relating to or arising out of or in connection with the
14person's service as an employee shall include employer
15contributions or interest or, in the case of the self-managed
16plan authorized under Section 15-158.2, any employer
17contributions or investment return on such employer
18contributions.
19    All persons entering service subsequent to July 9, 1955
20shall be deemed to have consented to the provisions of this
21Section as a condition of coverage.
22    The changes to this Section made by this amendatory Act of
23the 98th General Assembly apply without regard to whether the
24person is in active service on or after the effective date of
25this amendatory Act.
26(Source: P.A. 93-347, eff. 7-24-03.)
 

 

 

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1    (40 ILCS 5/16-199)  (from Ch. 108 1/2, par. 16-199)
2    Sec. 16-199. Felony conviction.
3    (a) If a person is convicted of, or pleads guilty to,
4violating paragraph (6) of subsection (a) of Section 12-6,
5subsection (a) of Section 33-1, Section 33-3, subsection (a) of
6Section 33E-7, or subsection (d) of Section 17-10.3 of the
7Criminal Code of 2012, or is sentenced for theft of
8governmental property under paragraph (4.1), (5.1), or (6.1) of
9subsection (b) of Section 16-1 of the Criminal Code of 2012,
10then none of the benefits provided under this Article that are
11attributable to the service of that person under this Article
12shall be paid.
13    (b) None of the benefits provided for in this Article shall
14be paid to any person who is convicted of any felony relating
15to or arising out of or in connection with his or her service
16as a teacher.
17    (c) If a person is receiving an annuity from the System and
18is convicted of, or pleads guilty to, a felony, other than a
19felony requiring the forfeiture of that annuity under
20subsection (a) or (b) of this Section, then the Board shall
21suspend the payment of the annuity for the duration of that
22person's incarceration for that offense. Upon completion of the
23term of incarceration for that offense, the person may seek
24reinstatement of his or her annuity by filing a request for
25reinstatement of benefits with the System in the manner

 

 

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1prescribed by the Board.
2    (d) A person who forfeits his or her benefits under this
3Section is entitled to a refund of his or her unused employee
4contributions to the extent that the refund of those
5contributions is necessary in order for the System to maintain
6qualified plan status under the federal Internal Revenue Code
7of 1986.
8    (e) This Section shall not operate to impair any contract
9or vested right acquired prior to July 9, 1955 under any law or
10laws continued in this Article, nor to preclude the right to a
11refund. The System may sue any such person to collect all
12moneys paid in excess of refundable contributions.
13    All teachers entering or re-entering service after July 9,
141955 shall be deemed to have consented to the provisions of
15this Section as a condition of membership.
16    The changes to this Section made by this amendatory Act of
17the 98th General Assembly apply without regard to whether the
18person is in active service on or after the effective date of
19this amendatory Act.
20(Source: P.A. 85-1008.)
 
21    (40 ILCS 5/18-163)  (from Ch. 108 1/2, par. 18-163)
22    Sec. 18-163. Felony conviction.
23    (a) If a person is convicted of, or pleads guilty to,
24violating paragraph (6) of subsection (a) of Section 12-6,
25subsection (a) of Section 33-1, Section 33-3, subsection (a) of

 

 

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1Section 33E-7, or subsection (d) of Section 17-10.3 of the
2Criminal Code of 2012, or is sentenced for theft of
3governmental property under paragraph (4.1), (5.1), or (6.1) of
4subsection (b) of Section 16-1 of the Criminal Code of 2012,
5then none of the benefits provided under this Article that are
6attributable to the service of that person under this Article
7shall be paid.
8    (b) None of the benefits herein provided shall be paid to
9any person who is convicted of any felony relating to or
10arising out of or in connection with his or her service as a
11judge.
12    (c) If a person is receiving an annuity from the System and
13is convicted of, or pleads guilty to, a felony, other than a
14felony requiring the forfeiture of that annuity under
15subsection (a) or (b) of this Section, then the Board shall
16suspend the payment of the annuity for the duration of that
17person's incarceration for that offense. Upon completion of the
18term of incarceration for that offense, the person may seek
19reinstatement of his or her annuity by filing a request for
20reinstatement of benefits with the System in the manner
21prescribed by the Board.
22    (d) A person who forfeits his or her benefits under this
23Section is entitled to a refund of his or her unused employee
24contributions to the extent that the refund of those
25contributions is necessary in order for the System to maintain
26qualified plan status under the federal Internal Revenue Code

 

 

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1of 1986.
2    (e) This Section shall not operate to impair any contract
3or vested right acquired before July 9, 1955 under any law or
4laws continued in this Article, nor to preclude the right to a
5refund.
6    All participants entering service subsequent to July 9,
71955 are deemed to have consented to the provisions of this
8Section as a condition of participation.
9    The changes to this Section made by this amendatory Act of
10the 98th General Assembly apply without regard to whether the
11person is in active service on or after the effective date of
12this amendatory Act.
13(Source: P.A. 83-1440.)".