Illinois General Assembly - Full Text of HB3651
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Full Text of HB3651  102nd General Assembly

HB3651 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3651

 

Introduced 2/22/2021, by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-169.1
40 ILCS 5/16-169.2 new
40 ILCS 5/16-199  from Ch. 108 1/2, par. 16-199
40 ILCS 5/17-143.5
40 ILCS 5/17-143.6 new
40 ILCS 5/17-149.1  from Ch. 108 1/2, par. 17-149.1

    Amends the Downstate Teacher and Chicago Teacher Articles of the Illinois Pension Code. Provides that none of the benefits provided for in either Article shall be paid to a person if the person first becomes a member after the effective date of the amendatory Act and a board, after an administrative hearing, determines that the person sexually abused a student. Provides that an employer must notify a board if a retiring member has been accused of sexually abusing a student. Provides that a board may, through an administrative hearing, review the claim of sexual abuse and may order that benefits be forfeited. Provides that the changes made by the amendatory Act shall not operate to impair any contract or vested right acquired before the effective date of the amendatory Act nor to preclude the right to a refund. Provides that all teachers entering service after the effective date of the amendatory Act shall be deemed to have consented to the provisions of the amendatory Act as a condition of membership. Makes conforming changes. Effective immediately.


LRB102 10794 RPS 16124 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3651LRB102 10794 RPS 16124 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Sections 16-169.1, 16-199, 17-143.5, and 17-149.1 and
6by adding Sections 16-169.2 and 17-143.6 as follows:
 
7    (40 ILCS 5/16-169.1)
8    Sec. 16-169.1. Testimony and the production of records.
9The secretary of the Board shall have the power to issue
10subpoenas to compel the attendance of witnesses and the
11production of documents and records, including law enforcement
12records maintained by law enforcement agencies, in conjunction
13with the determination of employer payments required under
14subsection (f) of Section 16-158, a disability claim, an
15administrative review proceeding, an attempt to obtain
16information to assist in the collection of sums due to the
17System, or a felony forfeiture investigation under Section
1816-169.2 or 16-199. The fees of witnesses for attendance and
19travel shall be the same as the fees of witnesses before the
20circuit courts of this State and shall be paid by the party
21seeking the subpoena. The Board may apply to any circuit court
22in the State for an order requiring compliance with a subpoena
23issued under this Section. Subpoenas issued under this Section

 

 

HB3651- 2 -LRB102 10794 RPS 16124 b

1shall be subject to applicable provisions of the Code of Civil
2Procedure.
3(Source: P.A. 99-450, eff. 8-24-15.)
 
4    (40 ILCS 5/16-169.2 new)
5    Sec. 16-169.2. Sexual abuse accusations. An employer must
6notify the Board if a retiring member has been accused of
7sexually abusing a student. The Board may, through an
8administrative hearing, review the claim of sexual abuse and
9may order that the member's benefits be forfeited under
10Section 16-199.
 
11    (40 ILCS 5/16-199)  (from Ch. 108 1/2, par. 16-199)
12    Sec. 16-199. Felony conviction; sexual abuse of a student.
13None of the benefits provided for in this Article shall be paid
14to any person who is convicted of any felony relating to or
15arising out of or in connection with his or her service as a
16teacher.
17    None of the benefits provided for in this Article shall be
18paid to any person who otherwise would receive a survivor
19benefit who is convicted of any felony relating to or arising
20out of or in connection with the service of the teacher from
21whom the benefit results.
22    None of the benefits provided for in this Article shall be
23paid to any person who first becomes a member after the
24effective date of this amendatory Act of the 102nd General

 

 

HB3651- 3 -LRB102 10794 RPS 16124 b

1Assembly and who the Board determines under Section 16-169.2
2to have sexually abused a student.
3    This Section shall not operate to impair any contract or
4vested right acquired prior to July 9, 1955 under any law or
5laws continued in this Article, nor to preclude the right to a
6refund, and for the changes under Public Act 100-334 this
7amendatory Act of the 100th General Assembly, shall not impair
8any contract or vested right acquired by a survivor prior to
9August 25, 2017 (the effective date of Public Act 100-334)
10this amendatory Act of the 100th General Assembly. The changes
11made by this amendatory Act of the 102nd General Assembly
12shall not operate to impair any contract or vested right
13acquired before the effective date of this amendatory Act of
14the 102nd General Assembly. The System may sue any such person
15to collect all moneys paid in excess of refundable
16contributions.
17    All teachers entering or re-entering service after July 9,
181955 shall be deemed to have consented to the provisions of
19this Section as a condition of membership, and all
20participants entering service subsequent to August 25, 2017
21(the effective date of Public Act 100-334) this amendatory Act
22of the 100th General Assembly shall be deemed to have
23consented to the provisions of Public Act 100-334 this
24amendatory Act as a condition of participation. All teachers
25entering service after the effective date of this amendatory
26Act of the 102nd General Assembly shall be deemed to have

 

 

HB3651- 4 -LRB102 10794 RPS 16124 b

1consented to the provisions of this amendatory Act of the
2102nd General Assembly as a condition of membership.
3(Source: P.A. 100-334, eff. 8-25-17.)
 
4    (40 ILCS 5/17-143.5)
5    Sec. 17-143.5. Testimony and the production of records.
6The Board shall have the power to issue subpoenas to compel the
7attendance of witnesses and the production of documents and
8records in conjunction with the determination of employer
9payments required under subsection (c) of Section 17-116, a
10disability claim, an administrative review proceeding, an
11attempt to obtain information to assist in the collection of
12sums due to the Fund, or a felony forfeiture investigation
13under Section 17-143.6 or 17-149.1. The fees of witnesses for
14attendance and travel shall be the same as the fees of
15witnesses before the circuit courts of this State and shall be
16paid by the party seeking the subpoena. The Board may apply to
17any circuit court in the State for an order requiring
18compliance with a subpoena issued under this Section.
19Subpoenas issued under this Section shall be subject to
20applicable provisions of the Code of Civil Procedure.
21(Source: P.A. 99-786, eff. 8-12-16.)
 
22    (40 ILCS 5/17-143.6 new)
23    Sec. 17-143.6. Sexual abuse accusations. An Employer must
24notify the Board if a retiring member has been accused of

 

 

HB3651- 5 -LRB102 10794 RPS 16124 b

1sexually abusing a student. The Board may, through an
2administrative hearing, review the claim of sexual abuse and
3may order that the member's benefits be forfeited under
4Section 17-149.1.
 
5    (40 ILCS 5/17-149.1)  (from Ch. 108 1/2, par. 17-149.1)
6    Sec. 17-149.1. Felony conviction; sexual abuse of a
7student. None of the benefits provided for in this Article
8shall be paid to any person who is convicted of any felony
9relating to or arising out of or in connection with his or her
10service as a teacher.
11    None of the benefits provided for in this Article shall be
12paid to any person who otherwise would receive a survivor
13benefit who is convicted of any felony relating to or arising
14out of or in connection with the service of the teacher from
15whom the benefit results.
16    None of the benefits provided for in this Article shall be
17paid to any person who first becomes a member after the
18effective date of this amendatory Act of the 102nd General
19Assembly and who the Board determines under Section 17-143.6
20to have sexually abused a student.
21    This Section shall not operate to impair any contract or
22vested right acquired prior to January 1, 1988, nor to
23preclude the right to a refund, and for the changes under
24Public Act 100-334 this amendatory Act of the 100th General
25Assembly, shall not impair any contract or vested right

 

 

HB3651- 6 -LRB102 10794 RPS 16124 b

1acquired by a survivor prior to August 25, 2017 (the effective
2date of Public Act 100-334) this amendatory Act of the 100th
3General Assembly. The changes made by this amendatory Act of
4the 102nd General Assembly shall not operate to impair any
5contract or vested right acquired before the effective date of
6this amendatory Act of the 102nd General Assembly.
7    All teachers entering service after January 1, 1988 shall
8be deemed to have consented to the provisions of this Section
9as a condition of membership, and all participants entering
10service subsequent to August 25, 2017 (the effective date of
11Public Act 100-334) this amendatory Act of the 100th General
12Assembly shall be deemed to have consented to the provisions
13of Public Act 100-334 this amendatory Act as a condition of
14participation. All teachers entering service after the
15effective date of this amendatory Act of the 102nd General
16Assembly shall be deemed to have consented to the provisions
17of this amendatory Act of the 102nd General Assembly as a
18condition of membership.
19(Source: P.A. 100-334, eff. 8-25-17.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.