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.)".