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Rep. Darlene J. Senger
Filed: 4/3/2014
| | 09800HB5816ham002 | | LRB098 15892 RPM 57984 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5816
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5816 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Pension Code is amended by adding |
| 5 | | Section 1-136 as follows:
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| 6 | | (40 ILCS 5/1-136 new) |
| 7 | | Sec. 1-136. Public corruption and other disqualifying |
| 8 | | felony convictions. |
| 9 | | (a) If a person is convicted of, or pleads guilty to, a |
| 10 | | Class X felony or a Class 1 felony, then none of the benefits |
| 11 | | that are provided under this Code and that are attributable to |
| 12 | | the service of that person shall be paid. |
| 13 | | (b) If a person is receiving an annuity or pension from a |
| 14 | | pension fund or retirement system established under this Code |
| 15 | | and is convicted of, or pleads guilty to, a felony, other than |
| 16 | | a felony requiring the forfeiture of that annuity or pension |
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| | 09800HB5816ham002 | - 2 - | LRB098 15892 RPM 57984 a |
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| 1 | | under subsection (a) of this Section or any other provision of |
| 2 | | this Code, then the board of trustees of that fund or system |
| 3 | | shall suspend the payment of the annuity or pension for the |
| 4 | | duration of that person's incarceration for that offense. Upon |
| 5 | | completion of the term of incarceration for that offense, the |
| 6 | | person may seek reinstatement of his or her annuity or pension |
| 7 | | by filing a request for reinstatement of benefits with the |
| 8 | | applicable pension fund or retirement system in the manner |
| 9 | | prescribed by that fund or system. |
| 10 | | (c) A person who forfeits his or her benefits under this |
| 11 | | Section is entitled to a refund of his or her unused employee |
| 12 | | contributions to the extent that the refund of those |
| 13 | | contributions is necessary in order for the pension fund or |
| 14 | | retirement system to maintain qualified plan status under the |
| 15 | | federal Internal Revenue Code of 1986. |
| 16 | | (d) A board of trustees of a pension fund or retirement |
| 17 | | system established under this Code may take action in addition |
| 18 | | to the provisions of subsections (a) and (b) of this Section |
| 19 | | regarding a person subject this Section. A board of trustees of |
| 20 | | a pension fund or retirement system established under this Code |
| 21 | | may not take action that is less stringent than the provisions |
| 22 | | of this Section. |
| 23 | | (e) This Section applies without regard to whether the |
| 24 | | member or participant is in active service on or after the |
| 25 | | effective date of this amendatory Act of the 98th General |
| 26 | | Assembly.".
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