HB5816ham003 98TH GENERAL ASSEMBLY

Rep. Darlene J. Senger

Filed: 4/7/2014

09800HB5816ham003 LRB098 15892 RPM 58316 a

AMENDMENT TO HOUSE BILL 5816

AMENDMENT NO. ______. Amend House Bill 5816 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by adding Section 1-136 as follows:

(40 ILCS 5/1-136 new)

Sec. 1-136. Public corruption and other disqualifying felony convictions.

(a) If a member or participant of a pension fund or retirement system established under this Code is convicted of, or pleads guilty to, a job-related felony, including, but not limited to, violating paragraph (6) of subsection (a) of Section 12-6, subsection (a) of Section 33-1, Section 33-3, subsection (a) of Section 33E-7, or subsection (d) of Section 17-10.3 of the Criminal Code of 2012, or is sentenced for theft of governmental property under paragraph (4.1), (5.1), or (6.1) of subsection (b) of Section 16-1 of the Criminal Code of 2012, then none of the benefits that are provided under this Code and that are attributable to the service of that person shall be paid.

(b) If a member or participant of a pension fund or retirement system established under this Code is receiving an annuity or pension from a pension fund or retirement system established under this Code and is convicted of, or pleads guilty to, a Class X or a Class 1 felony, other than a felony requiring the forfeiture of that annuity or pension under subsection (a) of this Section or any other provision of this Code, then the board of trustees of that fund or system shall suspend the payment of the annuity or pension for the duration of that member's or participant's incarceration for that offense. Upon completion of the term of incarceration for that offense, the member or participant may seek reinstatement of his or her annuity or pension by filing a request for reinstatement of benefits with the applicable pension fund or retirement system in the manner prescribed by that fund or system.

(c) A person who forfeits his or her benefits under this Section is entitled to a refund of his or her employee contributions only if a refund of those contributions is necessary in order for the pension fund or retirement system to maintain qualified plan status under the federal Internal Revenue Code of 1986.

(d) This Section applies without regard to whether the member or participant is in service on or after the effective date of this amendatory Act of the 98th General Assembly.".