Full Text of HB3838 94th General Assembly
HB3838 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB3838
Introduced 2/25/2005, by Rep. Richard T. Bradley SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/2-156 |
from Ch. 108 1/2, par. 2-156 |
40 ILCS 5/3-147 |
from Ch. 108 1/2, par. 3-147 |
40 ILCS 5/4-138 |
from Ch. 108 1/2, par. 4-138 |
40 ILCS 5/5-227 |
from Ch. 108 1/2, par. 5-227 |
40 ILCS 5/6-221 |
from Ch. 108 1/2, par. 6-221 |
40 ILCS 5/7-219 |
from Ch. 108 1/2, par. 7-219 |
40 ILCS 5/8-251 |
from Ch. 108 1/2, par. 8-251 |
40 ILCS 5/9-235 |
from Ch. 108 1/2, par. 9-235 |
40 ILCS 5/10-109 new |
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40 ILCS 5/11-230 |
from Ch. 108 1/2, par. 11-230 |
40 ILCS 5/12-191 |
from Ch. 108 1/2, par. 12-191 |
40 ILCS 5/13-807 |
from Ch. 108 1/2, par. 13-807 |
40 ILCS 5/14-149 |
from Ch. 108 1/2, par. 14-149 |
40 ILCS 5/15-187 |
from Ch. 108 1/2, par. 15-187 |
40 ILCS 5/16-199 |
from Ch. 108 1/2, par. 16-199 |
40 ILCS 5/17-149.1 |
from Ch. 108 1/2, par. 17-149.1 |
40 ILCS 5/18-163 |
from Ch. 108 1/2, par. 18-163 |
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Amends various Articles of the Illinois Pension Code. Provides that the
refund due to a person who must forfeit his or her pension
because of a felony conviction shall be equal to his or her contributions
(including amounts paid by the person to establish additional or optional
credit), without interest, less the amount of any benefits paid to the person
(including benefits paid to an alternate payee under a QILDRO). Provides that
the refund shall not include employer contributions or any interest on
contributions. Amends the Cook County Forest Preserve Article to explicitly add similar felony forfeiture provisions to that Article. Provides that the changes made by this amendatory Act of the 94th General Assembly are declarative of existing law and do not constitute an impairment of benefits under Article XIII, Section 5 of the Illinois Constitution. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB3838 |
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LRB094 02452 LRD 32453 b |
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| 1 |
| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Pension Code is amended by changing
| 5 |
| Sections 2-156, 3-147, 4-138, 5-227, 6-221, 7-219, 8-251, | 6 |
| 9-235, 11-230,
12-191, 13-807, 14-149, 15-187, 16-199, | 7 |
| 17-149.1, and 18-163 and by adding Section 10-109 as follows:
| 8 |
| (40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
| 9 |
| Sec. 2-156. Felony conviction.
None of the benefits herein | 10 |
| provided for shall be paid to any person who
is convicted of | 11 |
| and sentenced for any felony relating to or arising out of or | 12 |
| in connection
with his or her service as a member.
| 13 |
| This Section shall not operate to impair any contract or | 14 |
| vested right
acquired prior to July 11, 1955 under any law or | 15 |
| laws continued in this
Article, nor to preclude a person's
the | 16 |
| right to a refund .
A refund under this
Section shall consist of | 17 |
| amounts representing employee contributions paid by
the person | 18 |
| to the System (including such amounts paid by the person to
| 19 |
| establish additional or optional credit), without interest, | 20 |
| less the amount of
benefits paid to the person (including | 21 |
| benefits paid to an alternate payee
under a QILDRO) by the | 22 |
| System. The refund shall not include employer
contributions or | 23 |
| any interest on contributions. This Section does not
require | 24 |
| repayment to the System of any benefit paid before the date
of | 25 |
| sentencing .
The changes made by this amendatory Act of the 94th | 26 |
| General Assembly are declarative of existing law and do not | 27 |
| constitute an impairment of benefits under Article XIII, | 28 |
| Section 5 of the Illinois Constitution.
| 29 |
| All participants entering service subsequent to
July 11, | 30 |
| 1955 shall
be deemed to have consented to the provisions of | 31 |
| this Section and the rules, policies, and procedures | 32 |
| implementing it as a
condition of participation.
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HB3838 |
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LRB094 02452 LRD 32453 b |
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| (Source: P.A. 83-1440.)
| 2 |
| (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
| 3 |
| Sec. 3-147. Felony conviction. None of the benefits | 4 |
| provided in
this Article shall be paid to any person who is | 5 |
| convicted of and sentenced for any felony
relating to or | 6 |
| arising out of or in
connection with his or her service as a | 7 |
| police officer.
| 8 |
| This Section shall not impair any contract or vested right | 9 |
| acquired prior
to July 11, 1955 under any law continued in this | 10 |
| Article, nor preclude a
person's
the right to a refund . A | 11 |
| refund under this Section shall consist of amounts
representing | 12 |
| employee contributions paid by the person to the fund | 13 |
| (including
such amounts paid by the person to establish | 14 |
| additional or optional credit),
without interest, less the | 15 |
| amount of benefits paid to the person (including
benefits paid | 16 |
| to an alternate payee under a QILDRO) by the fund. The refund
| 17 |
| shall not include employer contributions, interest on any | 18 |
| contributions, or any
return realized under a self-managed | 19 |
| plan. This Section does not require
repayment to the fund of | 20 |
| any benefit paid before the date of sentencing .
The changes | 21 |
| made by this amendatory Act of the 94th General Assembly are | 22 |
| declarative of existing law and do not constitute an impairment | 23 |
| of benefits under Article XIII, Section 5 of the Illinois | 24 |
| Constitution.
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| All persons entering service subsequent to July
11, 1955 | 26 |
| are deemed to have consented to the provisions of this Section | 27 |
| and the rules, policies, and procedures implementing it as a
| 28 |
| condition of coverage.
| 29 |
| (Source: P.A. 83-1440.)
| 30 |
| (40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
| 31 |
| Sec. 4-138. Felony conviction.
None of the benefits | 32 |
| provided under this Article shall be paid to any
person who is | 33 |
| convicted of and sentenced for any felony relating to or | 34 |
| arising out of or in
connection with service as a firefighter.
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HB3838 |
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LRB094 02452 LRD 32453 b |
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| This Section shall not impair any contract or vested right | 2 |
| acquired prior to
July 11, 1955 under any law continued in this | 3 |
| Article, nor preclude a
person's
the right to a refund . A | 4 |
| refund under this Section shall consist of amounts
representing | 5 |
| employee contributions paid by the person to the fund | 6 |
| (including
such amounts paid by the person to establish | 7 |
| additional or optional credit),
without interest, less the | 8 |
| amount of benefits paid to the person (including
benefits paid | 9 |
| to an alternate payee under a QILDRO) by the fund. The refund
| 10 |
| shall not include employer contributions or any interest on | 11 |
| contributions.
This Section does not require repayment to the | 12 |
| fund of any benefit paid before
the date of sentencing .
The | 13 |
| changes made by this amendatory Act of the 94th General | 14 |
| Assembly are declarative of existing law and do not constitute | 15 |
| an impairment of benefits under Article XIII, Section 5 of the | 16 |
| Illinois Constitution.
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| All persons entering service subsequent to July
11, 1955, | 18 |
| are deemed to have consented to the provisions
of this Section | 19 |
| and the rules, policies, and procedures implementing it as a
| 20 |
| condition of coverage.
| 21 |
| (Source: P.A. 83-1440.)
| 22 |
| (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
| 23 |
| Sec. 5-227. Felony conviction. None of the benefits | 24 |
| provided for in this
Article shall be paid to any person who is | 25 |
| convicted of and sentenced for any felony relating
to or | 26 |
| arising out of or in connection with his service as a | 27 |
| policeman.
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| None of the benefits provided for in this Article shall be | 29 |
| paid to any
person who is convicted of any felony while in | 30 |
| receipt of disability benefits.
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| None of the benefits provided for in this Article shall be | 32 |
| paid to any
person who is convicted of any felony relating to | 33 |
| or arising out of or in
connection with the intentional and | 34 |
| wrongful death of a police officer,
either active or retired, | 35 |
| through whom such person would become eligible
to receive, or |
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HB3838 |
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LRB094 02452 LRD 32453 b |
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| is receiving, an annuity under this Article.
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| This Section shall not operate to impair any contract or | 3 |
| vested right
heretofore acquired under any law or laws | 4 |
| continued in this Article, nor to
preclude a person's
the right | 5 |
| to a refund . A refund under this Section shall consist of | 6 |
| amounts
representing employee contributions paid by the person | 7 |
| to the Fund (including
such amounts paid by the person to | 8 |
| establish additional or optional credit),
without interest, | 9 |
| less the amount of benefits paid to the person (including
| 10 |
| benefits paid to an alternate payee under a QILDRO) by the | 11 |
| Fund. The refund
shall not include employer contributions or | 12 |
| any interest on contributions.
This Section does not require | 13 |
| repayment to the Fund of any benefit paid
before the date of | 14 |
| sentencing .
The changes made by this amendatory Act of the 94th | 15 |
| General Assembly are declarative of existing law and do not | 16 |
| constitute an impairment of benefits under Article XIII, | 17 |
| Section 5 of the Illinois Constitution.
| 18 |
| All future entrants entering service subsequent to July 11, | 19 |
| 1955, shall
be deemed to have consented to the provisions of | 20 |
| this Section and the rules, policies, and procedures | 21 |
| implementing it as a
condition of coverage.
| 22 |
| (Source: P.A. 83-809.)
| 23 |
| (40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)
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| Sec. 6-221. Felony conviction.
None of the benefits | 25 |
| provided in this Article shall be paid to any
person who is | 26 |
| convicted of and sentenced for any felony relating to or | 27 |
| arising out of or in
connection with his service as a fireman.
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| This Section shall not operate to impair any contract or | 29 |
| vested right
heretofore acquired under any law or laws | 30 |
| continued in this Article, nor
to preclude a person's
the right | 31 |
| to a refund . A refund under this Section shall consist of
| 32 |
| amounts representing employee contributions paid by the person | 33 |
| to the Fund
(including such amounts paid by the person to | 34 |
| establish additional or optional
credit), without interest, | 35 |
| less the amount of benefits paid to the person
(including |
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HB3838 |
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LRB094 02452 LRD 32453 b |
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| amounts paid to an alternate payee under a QILDRO) by the Fund. | 2 |
| The
refund shall not include employer contributions or any | 3 |
| interest on
contributions. This Section does not require the | 4 |
| repayment to the Fund of any
benefit paid before the date of | 5 |
| sentencing .
The changes made by this amendatory Act of the 94th | 6 |
| General Assembly are declarative of existing law and do not | 7 |
| constitute an impairment of benefits under Article XIII, | 8 |
| Section 5 of the Illinois Constitution.
| 9 |
| All future entrants after July 11, 1955 shall be deemed to | 10 |
| have
consented to the provisions of this Section and the rules, | 11 |
| policies, and procedures implementing it
section as a condition | 12 |
| of coverage.
| 13 |
| (Source: Laws 1963, p. 161.)
| 14 |
| (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
| 15 |
| Sec. 7-219.
Felony conviction.
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| None of the benefits provided for in this Article shall be | 17 |
| paid to any
person who is convicted of and sentenced for any | 18 |
| felony relating to or arising out of or in
connection with his | 19 |
| service as an employee.
| 20 |
| This Section shall not operate to impair any contract or | 21 |
| vested right
heretofore acquired under any law or laws | 22 |
| continued in this Article, nor to
preclude a person's
the right | 23 |
| to a refund . A refund under this Section shall consist of
| 24 |
| amounts representing employee contributions paid by the person | 25 |
| to the Fund
(including such amounts paid by the person to | 26 |
| establish additional or optional
credit), without interest, | 27 |
| less the amount of benefits paid to the person
(including | 28 |
| benefits paid to an alternate payee under a QILDRO) by the | 29 |
| Fund.
The refund shall not include employer contributions or | 30 |
| any interest on
contributions. This Section does not require | 31 |
| repayment to the Fund of any
benefit paid before the date of | 32 |
| sentencing .
The changes made by this amendatory Act of the 94th | 33 |
| General Assembly are declarative of existing law and do not | 34 |
| constitute an impairment of benefits under Article XIII, | 35 |
| Section 5 of the Illinois Constitution.
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HB3838 |
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LRB094 02452 LRD 32453 b |
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| All future entrants entering service subsequent to July 9, | 2 |
| 1955 shall be
deemed to have consented to the provisions of | 3 |
| this Section and the rules, policies, and procedures | 4 |
| implementing it as a condition
of coverage.
| 5 |
| (Source: Laws 1963, p. 161.)
| 6 |
| (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
| 7 |
| Sec. 8-251.
Felony conviction.
| 8 |
| None of the benefits provided for in this Article shall be | 9 |
| paid to any
person who is convicted of and sentenced for any | 10 |
| felony relating to or arising out of or in
connection with his | 11 |
| service as a municipal employee.
| 12 |
| This Section shall not operate to impair any contract or | 13 |
| vested right
heretofore acquired under any law or laws | 14 |
| continued in this Article, nor to
preclude a person's
the right | 15 |
| to a refund . A refund under this Section shall
consist of | 16 |
| amounts representing employee contributions paid by the person | 17 |
| to
the Fund (including such amounts paid by the person to | 18 |
| establish additional or
optional credit), without interest, | 19 |
| less the amount of benefits paid to the
person (including | 20 |
| benefits paid to an alternate payee under a QILDRO) by the
| 21 |
| Fund. The refund shall not include employer contributions or | 22 |
| any interest on
contributions. This Section does not require | 23 |
| repayment to the Fund of any
benefit paid before the date of | 24 |
| sentencing .
The changes made by this amendatory Act of the 94th | 25 |
| General Assembly are declarative of existing law and do not | 26 |
| constitute an impairment of benefits under Article XIII, | 27 |
| Section 5 of the Illinois Constitution.
| 28 |
| All future entrants entering service subsequent to July 11, | 29 |
| 1955 shall
be deemed to have consented to the provisions of | 30 |
| this Section and the rules, policies, and procedures | 31 |
| implementing it
section as a
condition of coverage.
| 32 |
| (Source: Laws 1963, p. 161.)
| 33 |
| (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
| 34 |
| Sec. 9-235.
Felony conviction.
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HB3838 |
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LRB094 02452 LRD 32453 b |
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| 1 |
| None of the benefits provided in this Article shall be paid | 2 |
| to any
person who is convicted of and sentenced for any felony | 3 |
| relating to or arising out of or in
connection with his service | 4 |
| as an employee.
| 5 |
| This Section shall not operate to impair any contract or | 6 |
| vested right
heretofore acquired under any law or laws | 7 |
| continued in this Article, nor to
preclude a person's
the right | 8 |
| to a refund . A refund under this Section shall
consist of | 9 |
| amounts representing employee contributions paid by the person | 10 |
| to
the Fund (including such amounts paid by the person to | 11 |
| establish additional or
optional credit), without interest, | 12 |
| less the amount of benefits paid to the
person (including | 13 |
| benefits paid to an alternate payee under a QILDRO) by the
| 14 |
| Fund. The refund shall not include employer contributions or | 15 |
| any interest on
contributions. This Section does not require | 16 |
| repayment to the Fund of any
benefit paid before the date of | 17 |
| sentencing .
The changes made by this amendatory Act of the 94th | 18 |
| General Assembly are declarative of existing law and do not | 19 |
| constitute an impairment of benefits under Article XIII, | 20 |
| Section 5 of the Illinois Constitution.
| 21 |
| All future entrants entering service after July 11, 1955, | 22 |
| shall be
deemed to have consented to the provisions of this | 23 |
| Section and the rules, policies, and procedures implementing it
| 24 |
| section as a condition
of coverage.
| 25 |
| (Source: Laws 1963, p. 161.)
| 26 |
| (40 ILCS 5/10-109 new)
| 27 |
| Sec. 10-109. Felony conviction. None of the benefits | 28 |
| provided in this Article shall be paid to any person who is | 29 |
| convicted of and sentenced for any felony related to or arising | 30 |
| out of or in connection with his service as an employee. | 31 |
| This Section shall not operate to impair any contract or | 32 |
| vested right heretofore acquired under any law or laws | 33 |
| continued in this Article, nor preclude a person's right to a | 34 |
| refund. A refund under this Section shall consist of amounts | 35 |
| representing employee contributions paid by the person to the |
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HB3838 |
- 8 - |
LRB094 02452 LRD 32453 b |
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| 1 |
| Fund (including such amounts paid by the person to establish | 2 |
| additional or optional credit), without interest, less the | 3 |
| amount of benefits paid to the person (including benefits paid | 4 |
| to an alternate payee under a QILDRO) by the Fund. The refund | 5 |
| shall not include employer contributions or any interest on | 6 |
| contributions. This Section does not require repayment to the | 7 |
| Fund of any benefit paid before the date of sentencing. The | 8 |
| changes made by this amendatory Act of the 94th General | 9 |
| Assembly are declarative of existing law and do not constitute | 10 |
| impairment of benefits under Article XIII, Section 5 of the | 11 |
| Illinois Constitution. | 12 |
| All future entrants entering service after July 11, 1955, | 13 |
| shall be deemed to have consented to the provisions of this | 14 |
| Section and the rules, policies, and procedures implementing it | 15 |
| as a condition of coverage. | 16 |
| (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
| 17 |
| Sec. 11-230. Felony conviction.
| 18 |
| None of the benefits provided in this Article shall be paid | 19 |
| to any
person who is convicted of and sentenced for any felony | 20 |
| relating to or arising out of or in
connection with his service | 21 |
| as employee.
| 22 |
| This Section shall not operate to impair any contract or | 23 |
| vested right
heretofore acquired under any law or laws | 24 |
| continued in this Article, nor to
preclude a person's
the right | 25 |
| to a refund . A refund under this Section shall
consist of | 26 |
| amounts representing employee contributions paid by the person | 27 |
| to
the Fund (including such amounts paid by the person to | 28 |
| establish additional or
optional credit), without interest, | 29 |
| less the amount of benefits paid to the
person (including | 30 |
| benefits paid to an alternate payee under a QILDRO) by the
| 31 |
| Fund. The refund shall not include employer contributions or | 32 |
| any interest on
contributions. This Section does not require | 33 |
| repayment to the Fund of any
benefit paid before the date of | 34 |
| sentencing .
The changes made by this amendatory Act of the 94th | 35 |
| General Assembly are declarative of existing law and do not |
|
|
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HB3838 |
- 9 - |
LRB094 02452 LRD 32453 b |
|
| 1 |
| constitute an impairment of benefits under Article XIII, | 2 |
| Section 5 of the Illinois Constitution.
| 3 |
| All future entrants entering service after July 11, 1955, | 4 |
| shall be
deemed to have consented to the provisions of this | 5 |
| Section and the rules, policies, and procedures implementing it
| 6 |
| section as a condition
of coverage.
| 7 |
| (Source: Laws 1963, p. 161.)
| 8 |
| (40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
| 9 |
| Sec. 12-191. Felony conviction.
| 10 |
| None of the benefits provided for in this Article shall be | 11 |
| paid to any
person who is convicted of and sentenced for any | 12 |
| felony relating to or arising out of or in
connection with his | 13 |
| service as an employee.
| 14 |
| This Section shall not operate to impair any contract or | 15 |
| vested right
heretofore acquired under any law or laws | 16 |
| continued in this Article, nor to
preclude a person's
the right | 17 |
| to a refund . A refund under this Section shall
consist of | 18 |
| amounts representing employee contributions paid by the person | 19 |
| to
the Fund (including such amounts paid by the person to | 20 |
| establish additional or
optional credit), without interest, | 21 |
| less the amount of benefits paid to the
person (including | 22 |
| benefits paid to an alternate payee under a QILDRO) by the
| 23 |
| Fund. The
refund shall not include employer contributions or | 24 |
| any interest on
contributions. This Section does not require | 25 |
| repayment to the Fund of any
benefit paid before the date of | 26 |
| sentencing .
The changes made by this amendatory Act of the 94th | 27 |
| General Assembly are declarative of existing law and do not | 28 |
| constitute an impairment of benefits under Article XIII, | 29 |
| Section 5 of the Illinois Constitution.
| 30 |
| All future entrants entering service subsequent to July 11, | 31 |
| 1955 shall
be deemed to have consented to the provisions of | 32 |
| this Section and the rules, policies, and procedures | 33 |
| implementing it
section as a
condition of coverage.
| 34 |
| (Source: Laws 1963, p. 161.)
|
|
|
|
HB3838 |
- 10 - |
LRB094 02452 LRD 32453 b |
|
| 1 |
| (40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)
| 2 |
| Sec. 13-807. Felony conviction. None of the benefits | 3 |
| provided in this
Article shall be paid to any person who is | 4 |
| convicted of and sentenced for any felony relating
to or | 5 |
| arising out of or in connection with service as an employee.
| 6 |
| This Section shall not operate to impair any contract or | 7 |
| vested right
heretofore acquired under any law or laws | 8 |
| continued in this Article, nor to
preclude a person's
the right | 9 |
| to a refund . A refund under this Section shall
consist of | 10 |
| amounts representing employee contributions paid by the person | 11 |
| to
the Fund (including such amounts paid by the person to | 12 |
| establish additional or
optional credit), without interest, | 13 |
| less the amount of benefits paid to the
person (including | 14 |
| benefits paid to an alternate payee under a QILDRO) by the
| 15 |
| Fund. The refund shall not include employer contributions or | 16 |
| any interest on
contributions. This Section does not require | 17 |
| repayment to the Fund of any
benefit paid before the date of | 18 |
| sentencing .
The changes made by this amendatory Act of the 94th | 19 |
| General Assembly are declarative of existing law and do not | 20 |
| constitute an impairment of benefits under Article XIII, | 21 |
| Section 5 of the Illinois Constitution.
| 22 |
| All persons entering service subsequent to July 11, 1955 | 23 |
| shall be deemed
to have consented to the provisions of this | 24 |
| Section and the rules, policies, and procedures implementing it | 25 |
| as a condition of
coverage.
| 26 |
| (Source: P.A. 87-794.)
| 27 |
| (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
| 28 |
| Sec. 14-149. Felony conviction. None of the benefits | 29 |
| herein provided for
shall be paid to any person
who is | 30 |
| convicted of and sentenced for any felony relating to or | 31 |
| arising out of or in
connection with his service as an | 32 |
| employee.
| 33 |
| This Section shall not operate to impair any contract or | 34 |
| vested right
heretofore acquired under any law or laws | 35 |
| continued in this Article nor
to preclude a person's
the right |
|
|
|
HB3838 |
- 11 - |
LRB094 02452 LRD 32453 b |
|
| 1 |
| to a refund . A refund under this Section shall
consist of | 2 |
| amounts representing employee contributions paid by the person | 3 |
| to
the System (including such amounts paid by the person to | 4 |
| establish additional
or optional credit), without interest, | 5 |
| less the amount of benefits paid to the
person (including | 6 |
| benefits paid to an alternate payee under a QILDRO) by the
| 7 |
| System. The refund shall not include employer contributions or | 8 |
| any interest on
contributions. This Section does not require | 9 |
| repayment to the Fund of any benefit
paid before the date of | 10 |
| sentencing .
The changes made by this amendatory Act of the 94th | 11 |
| General Assembly are declarative of existing law and do not | 12 |
| constitute an impairment of benefits under Article XIII, | 13 |
| Section 5 of the Illinois Constitution.
| 14 |
| All future entrants entering service subsequent to July 9, | 15 |
| 1955 shall
be deemed to have consented to the provisions of | 16 |
| this Section and the rules, policies, and procedures | 17 |
| implementing it
section as a
condition of coverage.
| 18 |
| (Source: P.A. 80-841.)
| 19 |
| (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
| 20 |
| Sec. 15-187. Felony conviction. None of the benefits | 21 |
| provided under this
Article shall be paid to any person who is | 22 |
| convicted of and sentenced for any felony relating to
or | 23 |
| arising out of or in connection with the person's service as an | 24 |
| employee.
| 25 |
| This Section shall not operate to impair any contract or | 26 |
| vested right
heretofore acquired under any law or laws | 27 |
| continued in this Article, nor
to preclude a person's
the right | 28 |
| to a refund .
A refund under this
Section shall consist of | 29 |
| amounts representing employee contributions paid by
the person | 30 |
| to the System (including such amounts paid by the person to
| 31 |
| establish additional or optional credit), without interest, | 32 |
| less the amount of
benefits paid to the person (including | 33 |
| benefits paid to an alternate payee
under a QILDRO) . No refund | 34 |
| paid to any person who is convicted of a felony
relating to or | 35 |
| arising out of or in connection with
the person's service as an |
|
|
|
HB3838 |
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LRB094 02452 LRD 32453 b |
|
| 1 |
| employee shall include employer contributions or
interest or, | 2 |
| in the case of the self-managed plan authorized under Section
| 3 |
| 15-158.2, any employer contributions or investment return on | 4 |
| such employer
contributions. This Section does not require | 5 |
| repayment to the System of any
benefit paid before the date of | 6 |
| sentencing.
The changes made by this amendatory Act of the 94th | 7 |
| General Assembly are declarative of existing law and do not | 8 |
| constitute an impairment of benefits under Article XIII, | 9 |
| Section 5 of the Illinois Constitution.
| 10 |
| All persons entering service subsequent to July 9, 1955 | 11 |
| shall be deemed to
have consented to the provisions of this | 12 |
| Section and the rules, policies, and procedures implementing it | 13 |
| as a condition of coverage.
| 14 |
| (Source: P.A. 93-347, eff. 7-24-03.)
| 15 |
| (40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)
| 16 |
| Sec. 16-199. Felony conviction.
None of the benefits | 17 |
| provided for in this Article shall be paid to any
person who is | 18 |
| convicted of and sentenced for any felony relating to or | 19 |
| arising out of or in
connection with his or her service as a | 20 |
| teacher.
| 21 |
| This Section shall not operate to impair any contract or | 22 |
| vested right
acquired prior to July 9, 1955 under any law or | 23 |
| laws continued in this Article,
nor to preclude a person's
the | 24 |
| right to a refund . A refund under this Section shall
consist of | 25 |
| amounts representing employee contributions paid by the person | 26 |
| to
the System (including such amounts paid by the person to | 27 |
| establish additional
or optional credit), without interest, | 28 |
| less the amount of benefits paid to the
person (including | 29 |
| benefits paid to an alternate payee under a QILDRO) by the
| 30 |
| System. The refund shall not include employer contributions or | 31 |
| any interest on
contributions. This Section does not require | 32 |
| repayment to the System of
any benefit paid before the date of | 33 |
| sentencing .
The changes made by this amendatory Act of the 94th | 34 |
| General Assembly are declarative of existing law and do not | 35 |
| constitute an impairment of benefits under Article XIII, |
|
|
|
HB3838 |
- 13 - |
LRB094 02452 LRD 32453 b |
|
| 1 |
| Section 5 of the Illinois Constitution.
The System may sue any | 2 |
| such person to collect all moneys paid in excess of
refundable | 3 |
| contributions.
| 4 |
| All teachers entering or re-entering service after July 9, | 5 |
| 1955 shall be
deemed to have consented to the provisions of | 6 |
| this Section and the rules, policies, and procedures | 7 |
| implementing it as a condition
of membership.
| 8 |
| (Source: P.A. 85-1008.)
| 9 |
| (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
| 10 |
| Sec. 17-149.1. Felony conviction.
None of the benefits | 11 |
| provided for in this Article shall be paid to any
person who is | 12 |
| convicted of and sentenced for any felony relating to or | 13 |
| arising out of or in
connection with his or her service as a | 14 |
| teacher.
| 15 |
| This Section shall not operate to impair any contract or | 16 |
| vested right
acquired prior to January 1, 1988, nor to preclude | 17 |
| a person's
the right
to a refund . A refund
under this Section | 18 |
| shall consist of amounts representing employee contributions
| 19 |
| paid by the person to the Fund (including such amounts paid by | 20 |
| the person to
establish additional or optional credit), without | 21 |
| interest, less the amount of
benefits paid to the person | 22 |
| (including benefits paid to an alternate payee
under a QILDRO) | 23 |
| by the Fund. The refund shall not include employer
| 24 |
| contributions or any interest on contributions. This Section | 25 |
| does not
require the repayment to the Fund of any benefit paid | 26 |
| before the
date of sentencing .
The changes made by this | 27 |
| amendatory Act of the 94th General Assembly are declarative of | 28 |
| existing law and do not constitute an impairment of benefits | 29 |
| under Article XIII, Section 5 of the Illinois Constitution.
| 30 |
| All teachers entering service after January 1, 1988 shall | 31 |
| be
deemed to have consented to the provisions of this Section | 32 |
| and the rules, policies, and procedures implementing it as a | 33 |
| condition
of membership.
| 34 |
| (Source: P.A. 85-964.)
|
|
|
|
HB3838 |
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LRB094 02452 LRD 32453 b |
|
| 1 |
| (40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
| 2 |
| Sec. 18-163. Felony conviction.
None of the benefits herein | 3 |
| provided shall be paid to any person who is
convicted of and | 4 |
| sentenced for any felony relating to or arising out of or in | 5 |
| connection with
his or her service as a judge.
| 6 |
| This Section shall not operate to impair any contract or | 7 |
| vested right
acquired before July 9, 1955 under any law or laws | 8 |
| continued in this Article,
nor to preclude a person's
the right | 9 |
| to a refund . A refund under this Section shall
consist of | 10 |
| amounts representing employee contributions paid by the person | 11 |
| to
the System (including such amounts paid by the person to | 12 |
| establish additional
or optional credit), without interest, | 13 |
| less the amount of benefits paid to the
person (including | 14 |
| benefits paid to an alternate payee under a QILDRO) by the
| 15 |
| System. The refund shall not include employer contributions or | 16 |
| any interest on
contributions. This Section does not require | 17 |
| repayment to the System of
any benefit paid before the date of | 18 |
| sentencing .
The changes made by this amendatory Act of the 94th | 19 |
| General Assembly are declarative of existing law and do not | 20 |
| constitute an impairment of benefits under Article XIII, | 21 |
| Section 5 of the Illinois Constitution.
| 22 |
| All participants entering service subsequent to
July 9, | 23 |
| 1955 are deemed to have consented to the provisions
of this | 24 |
| Section and the rules, policies, and procedures implementing it | 25 |
| as a condition
of participation.
| 26 |
| (Source: P.A. 83-1440.)
| 27 |
| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law. |
|