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Rep. Darlene J. Senger
Filed: 4/7/2014
| | 09800HB5816ham003 | | LRB098 15892 RPM 58316 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 member or participant of a pension fund or |
| 10 | | retirement system established under this Code is convicted of, |
| 11 | | or pleads guilty to, a job-related felony, including, but not |
| 12 | | limited to, violating paragraph (6) of subsection (a) of |
| 13 | | Section 12-6, subsection (a) of Section 33-1, Section 33-3, |
| 14 | | subsection (a) of Section 33E-7, or subsection (d) of Section |
| 15 | | 17-10.3 of the Criminal Code of 2012, or is sentenced for theft |
| 16 | | of governmental property under paragraph (4.1), (5.1), or (6.1) |
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| | 09800HB5816ham003 | - 2 - | LRB098 15892 RPM 58316 a |
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| 1 | | of subsection (b) of Section 16-1 of the Criminal Code of 2012, |
| 2 | | then none of the benefits that are provided under this Code and |
| 3 | | that are attributable to the service of that person shall be |
| 4 | | paid. |
| 5 | | (b) If a member or participant of a pension fund or
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| 6 | | retirement system established under this Code is receiving an
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| 7 | | annuity or pension from a pension fund or retirement system
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| 8 | | established under this Code and is convicted of, or pleads |
| 9 | | guilty to, a Class X or a Class 1 felony, other than a felony |
| 10 | | requiring the forfeiture of that annuity or pension under |
| 11 | | subsection (a) of this Section or any other provision of this |
| 12 | | Code, then the board of trustees of that fund or system shall |
| 13 | | suspend the payment of the annuity or pension for the duration |
| 14 | | of that member's or participant's incarceration for that |
| 15 | | offense. Upon completion of the term of incarceration for that |
| 16 | | offense, the member or participant may seek reinstatement of |
| 17 | | his or her annuity or pension by filing a request for |
| 18 | | reinstatement of benefits with the applicable pension fund or |
| 19 | | retirement system in the manner prescribed by that fund or |
| 20 | | system. |
| 21 | | (c) A person who forfeits his or her benefits under this |
| 22 | | Section is entitled to a refund of his or her employee |
| 23 | | contributions only if a refund of those contributions is |
| 24 | | necessary in order for the pension fund or retirement system to |
| 25 | | maintain qualified plan status under the federal Internal |
| 26 | | Revenue Code of 1986. |