Full Text of SB1049 99th General Assembly
SB1049sam002 99TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 5/29/2016
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| 1 | | AMENDMENT TO SENATE BILL 1049
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1049 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 2-156, 3-147, 4-138, 5-227, 6-221, 7-219, | 6 | | 8-251, 9-235, 10-109, 11-230, 12-191, 13-807, 14-149, 15-187, | 7 | | 16-199, 17-149.1, and 18-163 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 | | any felony relating to or arising out of or in connection
with | 12 | | his or her service as a member.
| 13 | | None of the benefits provided for in this Article shall be | 14 | | paid to any person who otherwise would receive a survivor | 15 | | benefit who is convicted of any felony relating to or arising | 16 | | out of or in connection with the service of the member from |
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| 1 | | whom the benefit results. | 2 | | This Section shall not operate to impair any contract or | 3 | | vested right acquired
prior to July 11, 1955 under any law or | 4 | | laws
continued in this Article, nor to
preclude the right to a | 5 | | refund.
| 6 | | All participants entering service subsequent to
July 11, | 7 | | 1955 shall
be deemed to have consented to the provisions of | 8 | | this Section as a
condition of participation.
| 9 | | (Source: P.A. 83-1440.)
| 10 | | (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
| 11 | | Sec. 3-147. Felony conviction. None of the benefits | 12 | | provided in
this Article shall be paid to any person who is | 13 | | convicted of any felony
relating to or arising out of or in
| 14 | | connection with his or her service as a police officer. | 15 | | None of the benefits provided for in this Article shall be | 16 | | paid to any person who otherwise would receive a survivor | 17 | | benefit who is convicted of any felony relating to or arising | 18 | | out of or in connection with the service of the police officer | 19 | | from whom the benefit results.
| 20 | | This Section shall not impair any contract or vested right | 21 | | acquired prior
to July 11, 1955 under any law
continued in this | 22 | | Article, nor
preclude the right to a refund.
| 23 | | All persons entering service subsequent to July
11, 1955 | 24 | | are deemed to have consented to the provisions of this Section | 25 | | as a
condition of coverage.
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| 1 | | (Source: P.A. 83-1440.)
| 2 | | (40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
| 3 | | Sec. 4-138. Felony conviction. None of the benefits | 4 | | provided under this Article shall be paid to any
person who is | 5 | | convicted of any felony relating to or arising out of or in
| 6 | | connection with service as a firefighter.
| 7 | | None of the benefits provided for in this Article shall be | 8 | | paid to any person who otherwise would receive a survivor | 9 | | benefit who is convicted of any felony relating to or arising | 10 | | out of or in connection with the service of the firefighter | 11 | | from whom the benefit results. | 12 | | This Section shall not impair any contract or vested right | 13 | | acquired prior
to July 11, 1955 under any law
continued in this | 14 | | Article, nor preclude the right to a refund.
| 15 | | All persons entering service subsequent to July
11, 1955, | 16 | | are deemed to have consented to the provisions
of this Section | 17 | | as a
condition of coverage.
| 18 | | (Source: P.A. 83-1440.)
| 19 | | (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
| 20 | | Sec. 5-227. Felony conviction. None of the benefits | 21 | | provided for in this
Article shall be paid to any person who is | 22 | | convicted of any felony relating
to or arising out of or in | 23 | | connection with his service as a policeman.
| 24 | | None of the benefits provided for in this Article shall be |
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| 1 | | paid to any person who otherwise would receive a survivor | 2 | | benefit who is convicted of any felony relating to or arising | 3 | | out of or in connection with the service of the policeman from | 4 | | whom the benefit results. | 5 | | None of the benefits provided for in this Article shall be | 6 | | paid to any
person who is convicted of any felony while in | 7 | | receipt of disability benefits.
| 8 | | None of the benefits provided for in this Article shall be | 9 | | paid to any
person who is convicted of any felony relating to | 10 | | or arising out of or in
connection with the intentional and | 11 | | wrongful death of a police officer,
either active or retired, | 12 | | through whom such person would become eligible
to receive, or | 13 | | is receiving, an annuity under this Article.
| 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
the right to a | 17 | | refund.
| 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 as a
condition of coverage.
| 21 | | (Source: P.A. 83-809.)
| 22 | | (40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)
| 23 | | Sec. 6-221. Felony conviction. None of the benefits | 24 | | provided in this Article shall be paid to any
person who is | 25 | | convicted of any felony relating to or arising out of or in
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| 1 | | connection with his service as a fireman.
| 2 | | None of the benefits provided for in this Article shall be | 3 | | paid to any person who otherwise would receive a survivor | 4 | | benefit who is convicted of any felony relating to or arising | 5 | | out of or in connection with the service of the fireman from | 6 | | whom the benefit results. | 7 | | This section shall not operate to impair any contract or | 8 | | vested right
heretofore acquired under any law or laws | 9 | | continued in this Article, nor
to preclude the right to a | 10 | | refund.
| 11 | | All future entrants after July 11, 1955 shall be deemed to | 12 | | have
consented to the provisions of this section as a condition | 13 | | of coverage.
| 14 | | (Source: Laws 1963, p. 161.)
| 15 | | (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
| 16 | | Sec. 7-219. Felony conviction.
| 17 | | None of the benefits provided for in this Article shall be | 18 | | paid to any
person who is convicted of any felony relating to | 19 | | or arising out of or in
connection with his service as an | 20 | | employee.
| 21 | | None of the benefits provided for in this Article shall be | 22 | | paid to any person who otherwise would receive a survivor | 23 | | benefit who is convicted of any felony relating to or arising | 24 | | out of or in connection with the service of the employee from | 25 | | whom the benefit results. |
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| 1 | | This Section shall not operate to impair any contract or | 2 | | vested right
heretofore acquired under any law or laws | 3 | | continued in this Article, nor to
preclude the right to a | 4 | | refund.
| 5 | | All future entrants entering service subsequent to July 9, | 6 | | 1955 shall be
deemed to have consented to the provisions of | 7 | | this Section as a condition
of coverage.
| 8 | | (Source: Laws 1963, p. 161.)
| 9 | | (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
| 10 | | Sec. 8-251. Felony conviction.
| 11 | | None of the benefits provided for in this Article shall be | 12 | | paid to any
person who is convicted of any felony relating to | 13 | | or arising out of or in
connection with his service as a | 14 | | municipal employee.
| 15 | | None of the benefits provided for in this Article shall be | 16 | | paid to any person who otherwise would receive a survivor | 17 | | benefit who is convicted of any felony relating to or arising | 18 | | out of or in connection with the service of the employee from | 19 | | whom the benefit results. | 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 the right to a | 23 | | refund.
| 24 | | All future entrants entering service subsequent to July 11, | 25 | | 1955 shall
be deemed to have consented to the provisions of |
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| 1 | | this section as a
condition of coverage.
| 2 | | (Source: Laws 1963, p. 161.)
| 3 | | (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
| 4 | | Sec. 9-235. Felony conviction.
| 5 | | None of the benefits provided in this Article shall be paid | 6 | | to any
person who is convicted of any felony relating to or | 7 | | arising out of or in
connection with his service as an | 8 | | employee.
| 9 | | None of the benefits provided for in this Article shall be | 10 | | paid to any person who otherwise would receive a survivor | 11 | | benefit who is convicted of any felony relating to or arising | 12 | | out of or in connection with the service of the employee from | 13 | | whom the benefit results. | 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 the right to a | 17 | | refund.
| 18 | | All future entrants entering service after July 11, 1955, | 19 | | shall be
deemed to have consented to the provisions of this | 20 | | section as a condition
of coverage.
| 21 | | (Source: Laws 1963, p. 161.)
| 22 | | (40 ILCS 5/10-109) | 23 | | Sec. 10-109. Felony conviction. None of the benefits | 24 | | provided in this Article shall be paid to any
person who is |
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| 1 | | convicted of any felony relating to or arising out of or in
| 2 | | connection with his service as an employee. | 3 | | None of the benefits provided for in this Article shall be | 4 | | paid to any person who otherwise would receive a survivor | 5 | | benefit who is convicted of any felony relating to or arising | 6 | | out of or in connection with the service of the employee from | 7 | | whom the benefit results. | 8 | | This Section shall not operate to impair any contract or | 9 | | vested right
heretofore acquired under any law or laws | 10 | | continued in this Article, nor to
preclude the right to a | 11 | | refund. | 12 | | All future entrants entering service after the effective | 13 | | date of this amendatory Act of the 95th General Assembly shall | 14 | | be
deemed to have consented to the provisions of this Section | 15 | | as a condition
of coverage.
| 16 | | (Source: P.A. 95-1036, eff. 2-17-09.)
| 17 | | (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
| 18 | | Sec. 11-230. Felony conviction.
| 19 | | None of the benefits provided in this Article shall be paid | 20 | | to any
person who is convicted of any felony relating to or | 21 | | arising out of or in
connection with his service as employee.
| 22 | | None of the benefits provided for in this Article shall be | 23 | | paid to any person who otherwise would receive a survivor | 24 | | benefit who is convicted of any felony relating to or arising | 25 | | out of or in connection with the service of the employee from |
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| 1 | | whom the benefit results. | 2 | | 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 the right to a | 5 | | refund.
| 6 | | All future entrants entering service after July 11, 1955, | 7 | | shall be
deemed to have consented to the provisions of this | 8 | | section as a condition
of coverage.
| 9 | | (Source: Laws 1963, p. 161.)
| 10 | | (40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
| 11 | | Sec. 12-191. Felony conviction.
| 12 | | None of the benefits provided for in this Article shall be | 13 | | paid to any
person who is convicted of any felony relating to | 14 | | or arising out of or in
connection with his service as an | 15 | | employee.
| 16 | | None of the benefits provided for in this Article shall be | 17 | | paid to any person who otherwise would receive a survivor | 18 | | benefit who is convicted of any felony relating to or arising | 19 | | out of or in connection with the service of the employee from | 20 | | whom the benefit results. | 21 | | This section shall not operate to impair any contract or | 22 | | vested right
heretofore acquired under any law or laws | 23 | | continued in this Article, nor to
preclude the right to a | 24 | | refund.
| 25 | | All future entrants entering service subsequent to July 11, |
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| 1 | | 1955 shall
be deemed to have consented to the provisions of | 2 | | this section as a
condition of coverage.
| 3 | | (Source: Laws 1963, p. 161.)
| 4 | | (40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)
| 5 | | Sec. 13-807. Felony conviction. None of the benefits | 6 | | provided in this
Article shall be paid to any person who is | 7 | | convicted of any felony relating
to or arising out of or in | 8 | | connection with service as an employee.
| 9 | | None of the benefits provided for in this Article shall be | 10 | | paid to any person who otherwise would receive a survivor | 11 | | benefit who is convicted of any felony relating to or arising | 12 | | out of or in connection with the service of the employee from | 13 | | whom the benefit results. | 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 the right to a | 17 | | refund.
| 18 | | All persons entering service subsequent to July 11, 1955 | 19 | | shall be deemed
to have consented to the provisions of this | 20 | | Section as a condition of
coverage.
| 21 | | (Source: P.A. 87-794.)
| 22 | | (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
| 23 | | Sec. 14-149. Felony conviction. None of the benefits herein | 24 | | provided for
shall be paid to any person
who is convicted of |
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| 1 | | any felony relating to or arising out of or in
connection with | 2 | | his service as an employee.
| 3 | | None of the benefits provided for in this Article shall be | 4 | | paid to any person who otherwise would receive a survivor | 5 | | benefit who is convicted of any felony relating to or arising | 6 | | out of or in connection with the service of the employee from | 7 | | whom the benefit results. | 8 | | This Section shall not operate to impair any contract or | 9 | | vested right
heretofore acquired under any law or laws | 10 | | continued in this Article nor
to preclude the right to a | 11 | | refund.
| 12 | | All future entrants entering service subsequent to July 9, | 13 | | 1955 shall
be deemed to have consented to the provisions of | 14 | | this section as a
condition of coverage.
| 15 | | (Source: P.A. 80-841.)
| 16 | | (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
| 17 | | Sec. 15-187. Felony conviction. None of the benefits | 18 | | provided under this
Article shall be paid to any person who is | 19 | | convicted of any felony relating to
or arising out of or in | 20 | | connection with a the person's service as an employee from | 21 | | which the benefit derives .
| 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 the right to a | 25 | | refund. No refund paid to any person who is
convicted of a |
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| 1 | | felony relating to or arising out of or in connection with
the | 2 | | person's service as an employee shall include employer | 3 | | contributions or
interest or, in the case of the self-managed | 4 | | plan authorized under Section
15-158.2, any employer | 5 | | contributions or investment return on such employer
| 6 | | contributions.
| 7 | | All persons entering service subsequent to July 9, 1955 | 8 | | shall be deemed to
have consented to the provisions of this | 9 | | Section as a condition of coverage.
| 10 | | (Source: P.A. 93-347, eff. 7-24-03.)
| 11 | | (40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)
| 12 | | Sec. 16-199. Felony conviction. None of the benefits | 13 | | provided for in this Article shall be paid to any
person who is | 14 | | convicted of any felony relating to or arising out of or in
| 15 | | connection with his or her service as a teacher.
| 16 | | None of the benefits provided for in this Article shall be | 17 | | paid to any person who otherwise would receive a survivor | 18 | | benefit who is convicted of any felony relating to or arising | 19 | | out of or in connection with the service of the teacher from | 20 | | whom the benefit results. | 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 the right to a | 24 | | refund. The System may sue any such person to
collect all | 25 | | moneys paid in excess of refundable contributions.
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| 1 | | All teachers entering or re-entering service after July 9, | 2 | | 1955 shall be
deemed to have consented to the provisions of | 3 | | this Section as a condition
of membership.
| 4 | | (Source: P.A. 85-1008.)
| 5 | | (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
| 6 | | Sec. 17-149.1. Felony conviction. None of the benefits | 7 | | provided for in this Article shall be paid to any
person who is | 8 | | convicted of any felony relating to or arising out of or in
| 9 | | connection with his or her service as a teacher.
| 10 | | None of the benefits provided for in this Article shall be | 11 | | paid to any person who otherwise would receive a survivor | 12 | | benefit who is convicted of any felony relating to or arising | 13 | | out of or in connection with the service of the teacher from | 14 | | whom the benefit results. | 15 | | This Section shall not operate to impair any contract or | 16 | | vested right
acquired prior to January 1, 1988, nor to preclude | 17 | | the right to a refund.
| 18 | | All teachers entering service after January 1, 1988 shall | 19 | | be
deemed to have consented to the provisions of this Section | 20 | | as a condition
of membership.
| 21 | | (Source: P.A. 85-964.)
| 22 | | (40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
| 23 | | Sec. 18-163. Felony conviction. None of the benefits herein | 24 | | provided shall be paid to any person who is
convicted of any |
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| 1 | | felony relating to or arising out of or in connection with
his | 2 | | or her service as a judge.
| 3 | | None of the benefits provided for in this Article shall be | 4 | | paid to any person who otherwise would receive a survivor | 5 | | benefit who is convicted of any felony relating to or arising | 6 | | out of or in connection with the service of the judge from whom | 7 | | the benefit results. | 8 | | This Section shall not operate to impair any contract or | 9 | | vested right acquired
before July 9, 1955 under any law or laws | 10 | | continued
in this Article, nor to
preclude the right to a | 11 | | refund.
| 12 | | All participants entering service subsequent to
July 9, | 13 | | 1955 are deemed to have consented to the provisions
of this | 14 | | Section as a condition
of participation.
| 15 | | (Source: P.A. 83-1440.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.".
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