Illinois General Assembly - Full Text of HB0447
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Full Text of HB0447  102nd General Assembly

HB0447 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0447

 

Introduced 2/8/2021, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-147  from Ch. 108 1/2, par. 3-147
40 ILCS 5/5-227  from Ch. 108 1/2, par. 5-227
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 5/14-149  from Ch. 108 1/2, par. 14-149
40 ILCS 5/15-187  from Ch. 108 1/2, par. 15-187

    Amends the Downstate Police, Chicago Police, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, State Employee, and State Universities Articles of the Illinois Pension Code. Provides that for a person who first becomes a police officer on or after the effective date of the amendatory Act, none of the benefits provided in those Articles shall be paid to any person who is convicted of a felony relating to or arising out of or in connection with his or her service as a police officer or a disqualifying offense. Provides that with respect to benefits attributable to a police officer who first becomes a police officer on or after the effective date of the amendatory Act, none of the benefits provided for in those Articles shall be paid to any police officer who otherwise would receive a survivor benefit who is convicted of a felony relating to or arising out of or in connection with his or her service as a police officer or a disqualifying offense. Defines "disqualifying offense" and "police officer". Makes other changes. Effective immediately.


LRB102 10860 RPS 16190 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0447LRB102 10860 RPS 16190 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 3-147, 5-227, 7-219, 8-251, 9-235, 14-149,
6and 15-187 as follows:
 
7    (40 ILCS 5/3-147)  (from Ch. 108 1/2, par. 3-147)
8    Sec. 3-147. Felony conviction. For a person who first
9became a police officer before the effective date of this
10amendatory Act of the 102nd General Assembly, none None of the
11benefits provided in this Article shall be paid to any person
12who is convicted of any felony relating to or arising out of or
13in connection with his or her service as a police officer. For
14a person who first becomes a police officer on or after the
15effective date of this amendatory Act of the 102nd General
16Assembly, none of the benefits provided in this Article shall
17be paid to any person who is convicted of (i) a felony relating
18to or arising out of or in connection with his or her service
19as a police officer or (ii) a disqualifying offense.
20    None of the benefits provided for in this Article shall be
21paid to any person who otherwise would receive a survivor
22benefit who is convicted of any felony relating to or arising
23out of or in connection with the service of the police officer

 

 

HB0447- 2 -LRB102 10860 RPS 16190 b

1from whom the benefit results if that police officer first
2became a police officer before the effective date of this
3amendatory Act of the 102nd General Assembly. With respect to
4benefits attributable to a police officer who first becomes a
5police officer on or after the effective date of this
6amendatory Act of the 102nd General Assembly, none of the
7benefits provided for in this Article shall be paid to any
8person who otherwise would receive a survivor benefit who is
9convicted of (i) a felony relating to or arising out of or in
10connection with the service of the police officer from whom
11the benefit results or (ii) a disqualifying offense.
12    This Section shall not impair any contract or vested right
13acquired prior to July 11, 1955 under any law continued in this
14Article, nor preclude the right to a refund, and for the
15changes under this amendatory Act of the 100th General
16Assembly, shall not impair any contract or vested right
17acquired by a survivor prior to the effective date of this
18amendatory Act of the 100th General Assembly. The changes made
19by this amendatory Act of the 102nd General Assembly shall not
20impair any contract or vested right acquired by a survivor
21prior to the effective date of this amendatory Act of the 102nd
22General Assembly.
23    All persons entering service subsequent to July 11, 1955
24are deemed to have consented to the provisions of this Section
25as a condition of coverage, and all participants entering
26service subsequent to the effective date of this amendatory

 

 

HB0447- 3 -LRB102 10860 RPS 16190 b

1Act of the 100th General Assembly shall be deemed to have
2consented to the provisions of this amendatory Act as a
3condition of participation. All persons entering service after
4the effective date of this amendatory Act of the 102nd General
5Assembly shall be deemed to have consented to the provisions
6of this amendatory Act of the 102nd General Assembly as a
7condition of participation.
8    In this Section, "disqualifying offense" means any of the
9following offenses set forth in the Criminal Code of 1961 or
10the Criminal Code of 2012 or any substantially similar offense
11in federal law, the Uniform Code of Military Justice, or state
12law:
13        (1) Indecent solicitation of a child.
14        (2) Sexual exploitation of a child.
15        (3) Custodial sexual misconduct.
16        (4) Exploitation of a child.
17        (5) Child pornography.
18        (6) Aggravated child pornography.
19        (7) First degree murder.
20        (8) Second degree murder.
21        (9) Predatory criminal sexual assault of a child.
22        (10) Aggravated criminal sexual assault.
23        (11) Criminal sexual assault.
24        (12) Aggravated kidnaping.
25        (13) Aggravated battery resulting in great bodily harm
26    or permanent disability or disfigurement.

 

 

HB0447- 4 -LRB102 10860 RPS 16190 b

1(Source: P.A. 100-334, eff. 8-25-17.)
 
2    (40 ILCS 5/5-227)  (from Ch. 108 1/2, par. 5-227)
3    Sec. 5-227. Felony conviction. For a person who first
4became a policeman before the effective date of this
5amendatory Act of the 102nd General Assembly, none None of the
6benefits provided for in this Article shall be paid to any
7person who is convicted of any felony relating to or arising
8out of or in connection with his service as a policeman. For a
9person who first becomes a policeman on or after the effective
10date of this amendatory Act of the 102nd General Assembly,
11none of the benefits provided in this Article shall be paid to
12any person who is convicted of (i) a felony relating to or
13arising out of or in connection with his or her service as a
14policeman or (ii) a disqualifying offense.
15    None of the benefits provided for in this Article shall be
16paid to any person who otherwise would receive a survivor
17benefit who is convicted of any felony relating to or arising
18out of or in connection with the service of the policeman from
19whom the benefit results if that policeman first became a
20policeman before the effective date of this amendatory Act of
21the 102nd General Assembly. With respect to benefits
22attributable to a policeman who first becomes a policeman on
23or after the effective date of this amendatory Act of the 102nd
24General Assembly, none of the benefits provided for in this
25Article shall be paid to any person who otherwise would

 

 

HB0447- 5 -LRB102 10860 RPS 16190 b

1receive a survivor benefit who is convicted of (i) a felony
2relating to or arising out of or in connection with the service
3of the policeman from whom the benefit results or (ii) a
4disqualifying offense.
5    None of the benefits provided for in this Article shall be
6paid to any person who is convicted of any felony while in
7receipt of disability benefits.
8    None of the benefits provided for in this Article shall be
9paid to any person who is convicted of any felony relating to
10or arising out of or in connection with the intentional and
11wrongful death of a police officer, either active or retired,
12through whom such person would become eligible to receive, or
13is receiving, an annuity under this Article.
14    For a person who first became a policeman before the
15effective date of this amendatory Act of the 102nd General
16Assembly, a A person who intentionally and unjustifiably
17causes delay in proceedings in which the person is ultimately
18convicted of a felony relating to or arising out of or in
19connection with his service as a policeman shall not be
20entitled to any benefits provided for in this Article on and
21after the filing date of the related indictment or charges.
22This paragraph applies to all persons whose felony conviction
23was entered on or after January 1, 2019.
24    For a person who first becomes a policeman on or after the
25effective date of this amendatory Act of the 102nd General
26Assembly, a person who intentionally and unjustifiably causes

 

 

HB0447- 6 -LRB102 10860 RPS 16190 b

1delay in proceedings in which the person is ultimately
2convicted of a felony relating to or arising out of or in
3connection with his service as a policeman or a disqualifying
4offense shall not be entitled to any benefits provided for in
5this Article on and after the filing date of the related
6indictment or charges.
7    Any refund required under this Article shall be calculated
8based on that person's contributions to the Fund, less the
9amount of any annuity benefit previously received by the
10person or his or her beneficiaries. This paragraph applies to
11all persons who make an application for refund to the Fund on
12or after January 1, 2019.
13    This Section shall not operate to impair any contract or
14vested right heretofore acquired under any law or laws
15continued in this Article, nor to preclude the right to a
16refund, and for the changes under this amendatory Act of the
17100th General Assembly, shall not impair any contract or
18vested right acquired by a survivor prior to the effective
19date of this amendatory Act of the 100th General Assembly. The
20changes made by this amendatory Act of the 102nd General
21Assembly shall not impair any contract or vested right
22acquired by a survivor prior to the effective date of this
23amendatory Act of the 102nd General Assembly.
24    All future entrants entering service subsequent to July
2511, 1955, shall be deemed to have consented to the provisions
26of this Section as a condition of coverage, and all

 

 

HB0447- 7 -LRB102 10860 RPS 16190 b

1participants entering service subsequent to the effective date
2of this amendatory Act of the 100th General Assembly shall be
3deemed to have consented to the provisions of this amendatory
4Act as a condition of participation. All persons entering
5service after the effective date of this amendatory Act of the
6102nd General Assembly shall be deemed to have consented to
7the provisions of this amendatory Act of the 102nd General
8Assembly as a condition of participation.
9    In this Section, "disqualifying offense" means any of the
10following offenses set forth in the Criminal Code of 1961 or
11the Criminal Code of 2012 or any substantially similar offense
12in federal law, the Uniform Code of Military Justice, or state
13law:
14        (1) Indecent solicitation of a child.
15        (2) Sexual exploitation of a child.
16        (3) Custodial sexual misconduct.
17        (4) Exploitation of a child.
18        (5) Child pornography.
19        (6) Aggravated child pornography.
20        (7) First degree murder.
21        (8) Second degree murder.
22        (9) Predatory criminal sexual assault of a child.
23        (10) Aggravated criminal sexual assault.
24        (11) Criminal sexual assault.
25        (12) Aggravated kidnaping.
26        (13) Aggravated battery resulting in great bodily harm

 

 

HB0447- 8 -LRB102 10860 RPS 16190 b

1    or permanent disability or disfigurement.
2(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
 
3    (40 ILCS 5/7-219)  (from Ch. 108 1/2, par. 7-219)
4    Sec. 7-219. Felony conviction. None of the benefits
5provided for in this Article shall be paid to any person who is
6convicted of any felony relating to or arising out of or in
7connection with his service as an employee. For a person who
8first becomes a sheriff's law enforcement employee on or after
9the effective date of this amendatory Act of the 102nd General
10Assembly, none of the benefits provided in this Article shall
11be paid to any sheriff's law enforcement employee who is
12convicted of (i) a felony relating to or arising out of or in
13connection with his or her service as a sheriff's law
14enforcement employee or (ii) a disqualifying offense.
15    None of the benefits provided for in this Article shall be
16paid to any person who otherwise would receive a survivor
17benefit who is convicted of any felony relating to or arising
18out of or in connection with the service of the employee from
19whom the benefit results. With respect to benefits
20attributable to a sheriff's law enforcement employee who first
21becomes a sheriff's law enforcement employee on or after the
22effective date of this amendatory Act of the 102nd General
23Assembly, none of the benefits provided for in this Article
24shall be paid to any person who otherwise would receive a
25survivor benefit who is convicted of (i) a felony relating to

 

 

HB0447- 9 -LRB102 10860 RPS 16190 b

1or arising out of or in connection with the service of the
2sheriff's law enforcement employee from whom the benefit
3results or (ii) a disqualifying offense.
4    This Section shall not operate to impair any contract or
5vested right heretofore acquired under any law or laws
6continued in this Article, nor to preclude the right to a
7refund, and for the changes under this amendatory Act of the
8100th General Assembly, shall not impair any contract or
9vested right acquired by a survivor prior to the effective
10date of this amendatory Act of the 100th General Assembly. The
11changes made by this amendatory Act of the 102nd General
12Assembly shall not impair any contract or vested right
13acquired by a survivor prior to the effective date of this
14amendatory Act of the 102nd General Assembly.
15    All future entrants entering service subsequent to July 9,
161955 shall be deemed to have consented to the provisions of
17this Section as a condition of coverage, and all participants
18entering service subsequent to the effective date of this
19amendatory Act of the 100th General Assembly shall be deemed
20to have consented to the provisions of this amendatory Act as a
21condition of participation. All persons entering service after
22the effective date of this amendatory Act of the 102nd General
23Assembly shall be deemed to have consented to the provisions
24of this amendatory Act of the 102nd General Assembly as a
25condition of participation.
26    In this Section, "disqualifying offense" means any of the

 

 

HB0447- 10 -LRB102 10860 RPS 16190 b

1following offenses set forth in the Criminal Code of 1961 or
2the Criminal Code of 2012 or any substantially similar offense
3in federal law, the Uniform Code of Military Justice, or state
4law:
5        (1) Indecent solicitation of a child.
6        (2) Sexual exploitation of a child.
7        (3) Custodial sexual misconduct.
8        (4) Exploitation of a child.
9        (5) Child pornography.
10        (6) Aggravated child pornography.
11        (7) First degree murder.
12        (8) Second degree murder.
13        (9) Predatory criminal sexual assault of a child.
14        (10) Aggravated criminal sexual assault.
15        (11) Criminal sexual assault.
16        (12) Aggravated kidnaping.
17        (13) Aggravated battery resulting in great bodily harm
18    or permanent disability or disfigurement.
19(Source: P.A. 100-334, eff. 8-25-17.)
 
20    (40 ILCS 5/8-251)  (from Ch. 108 1/2, par. 8-251)
21    Sec. 8-251. Felony conviction. None of the benefits
22provided for in this Article shall be paid to any person who is
23convicted of any felony relating to or arising out of or in
24connection with his service as a municipal employee. For a
25person who first becomes a police officer on or after the

 

 

HB0447- 11 -LRB102 10860 RPS 16190 b

1effective date of this amendatory Act of the 102nd General
2Assembly, none of the benefits provided in this Article shall
3be paid to any person who is convicted of (i) a felony relating
4to or arising out of or in connection with his or her service
5as a police officer or (ii) a disqualifying offense.
6    None of the benefits provided for in this Article shall be
7paid to any person who otherwise would receive a survivor
8benefit who is convicted of any felony relating to or arising
9out of or in connection with the service of the employee from
10whom the benefit results. With respect to benefits
11attributable to a police officer who first becomes a police
12officer on or after the effective date of this amendatory Act
13of the 102nd General Assembly, none of the benefits provided
14for in this Article shall be paid to any person who otherwise
15would receive a survivor benefit who is convicted of (i) a
16felony relating to or arising out of or in connection with the
17service of the police officer from whom the benefit results or
18(ii) a disqualifying offense.
19    This Section shall not operate to impair any contract or
20vested right heretofore acquired under any law or laws
21continued in this Article, nor to preclude the right to a
22refund, and for the changes under Public Act 100-334, shall
23not impair any contract or vested right acquired by a survivor
24prior to August 25, 2017 (the effective date of Public Act
25100-334). The changes made by this amendatory Act of the 102nd
26General Assembly shall not impair any contract or vested right

 

 

HB0447- 12 -LRB102 10860 RPS 16190 b

1acquired by a survivor prior to the effective date of this
2amendatory Act of the 102nd General Assembly.
3    Any refund required under this Article shall be calculated
4based on that person's contributions to the Fund, less the
5amount of any annuity benefit previously received by the
6person or his or her beneficiaries. The changes made to this
7Section by Public Act 100-23 apply only to persons who first
8become participants under this Article on or after July 6,
92017 (the effective date of Public Act 100-23).
10    All future entrants entering service subsequent to July
1111, 1955 shall be deemed to have consented to the provisions of
12this Section as a condition of coverage, and all participants
13entering service subsequent to August 25, 2017 (the effective
14date of Public Act 100-334) shall be deemed to have consented
15to the provisions of Public Act 100-334 as a condition of
16participation. All persons entering service after the
17effective date of this amendatory Act of the 102nd General
18Assembly shall be deemed to have consented to the provisions
19of this amendatory Act of the 102nd General Assembly as a
20condition of participation.
21    In this Section:
22    "Disqualifying offense" means any of the following
23offenses set forth in the Criminal Code of 1961 or the Criminal
24Code of 2012 or any substantially similar offense in federal
25law, the Uniform Code of Military Justice, or state law:
26        (1) Indecent solicitation of a child.

 

 

HB0447- 13 -LRB102 10860 RPS 16190 b

1        (2) Sexual exploitation of a child.
2        (3) Custodial sexual misconduct.
3        (4) Exploitation of a child.
4        (5) Child pornography.
5        (6) Aggravated child pornography.
6        (7) First degree murder.
7        (8) Second degree murder.
8        (9) Predatory criminal sexual assault of a child.
9        (10) Aggravated criminal sexual assault.
10        (11) Criminal sexual assault.
11        (12) Aggravated kidnaping.
12        (13) Aggravated battery resulting in great bodily harm
13    or permanent disability or disfigurement.
14    "Police officer" means an employee who renders service as
15a police officer and member of the regularly constituted
16police department of the city.
17(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
18100-863, eff. 8-14-18.)
 
19    (40 ILCS 5/9-235)  (from Ch. 108 1/2, par. 9-235)
20    Sec. 9-235. Felony conviction. None of the benefits
21provided in this Article shall be paid to any person who is
22convicted of any felony relating to or arising out of or in
23connection with his service as an employee. For a person who
24first becomes a police officer on or after the effective date
25of this amendatory Act of the 102nd General Assembly, none of

 

 

HB0447- 14 -LRB102 10860 RPS 16190 b

1the benefits provided in this Article shall be paid to any
2police officer who is convicted of (i) a felony relating to or
3arising out of or in connection with his or her service as a
4police officer or (ii) a disqualifying offense.
5    None of the benefits provided for in this Article shall be
6paid to any person who otherwise would receive a survivor
7benefit who is convicted of any felony relating to or arising
8out of or in connection with the service of the employee from
9whom the benefit results. With respect to benefits
10attributable to a police officer who first becomes a police
11officer on or after the effective date of this amendatory Act
12of the 102nd General Assembly, none of the benefits provided
13for in this Article shall be paid to any person who otherwise
14would receive a survivor benefit who is convicted of (i) a
15felony relating to or arising out of or in connection with the
16service of the police officer from whom the benefit results or
17(ii) a disqualifying offense.
18    This Section shall not operate to impair any contract or
19vested right heretofore acquired under any law or laws
20continued in this Article, nor to preclude the right to a
21refund, and for the changes under this amendatory Act of the
22100th General Assembly, shall not impair any contract or
23vested right acquired by a survivor prior to the effective
24date of this amendatory Act of the 100th General Assembly. The
25changes made by this amendatory Act of the 102nd General
26Assembly shall not impair any contract or vested right

 

 

HB0447- 15 -LRB102 10860 RPS 16190 b

1acquired by a survivor prior to the effective date of this
2amendatory Act of the 102nd General Assembly.
3    All future entrants entering service after July 11, 1955,
4shall be deemed to have consented to the provisions of this
5section as a condition of coverage, and all participants
6entering service subsequent to the effective date of this
7amendatory Act of the 100th General Assembly shall be deemed
8to have consented to the provisions of this amendatory Act as a
9condition of participation. All persons entering service after
10the effective date of this amendatory Act of the 102nd General
11Assembly shall be deemed to have consented to the provisions
12of this amendatory Act of the 102nd General Assembly as a
13condition of participation.
14    In this Section:
15    "Disqualifying offense" means any of the following
16offenses set forth in the Criminal Code of 1961 or the Criminal
17Code of 2012 or any substantially similar offense in federal
18law, the Uniform Code of Military Justice, or state law:
19        (1) Indecent solicitation of a child.
20        (2) Sexual exploitation of a child.
21        (3) Custodial sexual misconduct.
22        (4) Exploitation of a child.
23        (5) Child pornography.
24        (6) Aggravated child pornography.
25        (7) First degree murder.
26        (8) Second degree murder.

 

 

HB0447- 16 -LRB102 10860 RPS 16190 b

1        (9) Predatory criminal sexual assault of a child.
2        (10) Aggravated criminal sexual assault.
3        (11) Criminal sexual assault.
4        (12) Aggravated kidnaping.
5        (13) Aggravated battery resulting in great bodily harm
6    or permanent disability or disfigurement.
7    "Police officer" means an employee of the county employed
8in any position under the County Police Merit Board as a deputy
9sheriff in the County Police Department.
10(Source: P.A. 100-334, eff. 8-25-17.)
 
11    (40 ILCS 5/14-149)  (from Ch. 108 1/2, par. 14-149)
12    Sec. 14-149. Felony conviction. None of the benefits
13herein provided for shall be paid to any person who is
14convicted of any felony relating to or arising out of or in
15connection with his service as an employee. For a person who
16first becomes a police officer on or after the effective date
17of this amendatory Act of the 102nd General Assembly, none of
18the benefits provided in this Article shall be paid to any
19police officer who is convicted of (i) a felony relating to or
20arising out of or in connection with his or her service as a
21police officer or (ii) a disqualifying offense.
22    None of the benefits provided for in this Article shall be
23paid to any person who otherwise would receive a survivor
24benefit who is convicted of any felony relating to or arising
25out of or in connection with the service of the employee from

 

 

HB0447- 17 -LRB102 10860 RPS 16190 b

1whom the benefit results. With respect to benefits
2attributable to a police officer who first becomes a police
3officer on or after the effective date of this amendatory Act
4of the 102nd General Assembly, none of the benefits provided
5for in this Article shall be paid to any person who otherwise
6would receive a survivor benefit who is convicted of (i) a
7felony relating to or arising out of or in connection with the
8service of the police officer from whom the benefit results or
9(ii) a disqualifying offense.
10    This Section shall not operate to impair any contract or
11vested right heretofore acquired under any law or laws
12continued in this Article nor to preclude the right to a
13refund, and for the changes under this amendatory Act of the
14100th General Assembly, shall not impair any contract or
15vested right acquired by a survivor prior to the effective
16date of this amendatory Act of the 100th General Assembly. The
17changes made by this amendatory Act of the 102nd General
18Assembly shall not impair any contract or vested right
19acquired by a survivor prior to the effective date of this
20amendatory Act of the 102nd General Assembly.
21    All future entrants entering service subsequent to July 9,
221955 shall be deemed to have consented to the provisions of
23this section as a condition of coverage, and all participants
24entering service subsequent to the effective date of this
25amendatory Act of the 100th General Assembly shall be deemed
26to have consented to the provisions of this amendatory Act as a

 

 

HB0447- 18 -LRB102 10860 RPS 16190 b

1condition of participation. All persons entering service after
2the effective date of this amendatory Act of the 102nd General
3Assembly shall be deemed to have consented to the provisions
4of this amendatory Act of the 102nd General Assembly as a
5condition of participation.
6    In this Section:
7    "Disqualifying offense" means any of the following
8offenses set forth in the Criminal Code of 1961 or the Criminal
9Code of 2012 or any substantially similar offense in federal
10law, the Uniform Code of Military Justice, or state law:
11        (1) Indecent solicitation of a child.
12        (2) Sexual exploitation of a child.
13        (3) Custodial sexual misconduct.
14        (4) Exploitation of a child.
15        (5) Child pornography.
16        (6) Aggravated child pornography.
17        (7) First degree murder.
18        (8) Second degree murder.
19        (9) Predatory criminal sexual assault of a child.
20        (10) Aggravated criminal sexual assault.
21        (11) Criminal sexual assault.
22        (12) Aggravated kidnaping.
23        (13) Aggravated battery resulting in great bodily harm
24    or permanent disability or disfigurement.
25    "Police officer" means a State policeman, special agent,
26investigator for the Secretary of State, conservation police

 

 

HB0447- 19 -LRB102 10860 RPS 16190 b

1officer, investigator for the Department of Revenue or the
2Illinois Gaming Board, security employee of the Department of
3Human Services, Central Management Services security police
4officer, security employee of the Department of Corrections or
5the Department of Juvenile Justice, dangerous drugs
6investigator, investigator for the Department of State Police,
7investigator for the Office of the Attorney General,
8controlled substance inspector, investigator for the Office of
9the State's Attorneys Appellate Prosecutor, Commerce
10Commission police officer, arson investigator, or security
11employee of the Department of Innovation and Technology.
12(Source: P.A. 100-334, eff. 8-25-17.)
 
13    (40 ILCS 5/15-187)  (from Ch. 108 1/2, par. 15-187)
14    Sec. 15-187. Felony conviction. None of the benefits
15provided under this Article shall be paid to any person who is
16convicted of any felony relating to or arising out of or in
17connection with a person's service as an employee from which
18the benefit derives. For a person who first becomes a police
19officer on or after the effective date of this amendatory Act
20of the 102nd General Assembly, none of the benefits provided
21in this Article shall be paid to any police officer who is
22convicted of (i) any felony relating to or arising out of or in
23connection with a person's service as a police officer from
24which the benefit derives or (ii) as disqualifying offense.
25    This Section shall not operate to impair any contract or

 

 

HB0447- 20 -LRB102 10860 RPS 16190 b

1vested right heretofore acquired under any law or laws
2continued in this Article, nor to preclude the right to a
3refund. The changes made to this Section by this amendatory
4Act of the 100th General Assembly shall not impair any
5contract or vested right acquired prior to the effective date
6of this amendatory Act of the 100th General Assembly. The
7changes made by this amendatory Act of the 102nd General
8Assembly shall not impair any contract or vested right
9acquired by a survivor prior to the effective date of this
10amendatory Act of the 102nd General Assembly. No refund paid
11to any person who is convicted of a felony relating to or
12arising out of or in connection with the person's service as an
13employee shall include employer contributions or interest or,
14in the case of the self-managed plan authorized under Section
1515-158.2, any employer contributions or investment return on
16such employer contributions.
17    All persons entering service subsequent to July 9, 1955
18shall be deemed to have consented to the provisions of this
19Section as a condition of coverage, and all participants
20entering service on or subsequent to the effective date of
21this amendatory Act of the 100th General Assembly shall be
22deemed to have consented to the provisions of this amendatory
23Act as a condition of participation. All persons entering
24service after the effective date of this amendatory Act of the
25102nd General Assembly shall be deemed to have consented to
26the provisions of this amendatory Act of the 102nd General

 

 

HB0447- 21 -LRB102 10860 RPS 16190 b

1Assembly as a condition of participation.
2    In this Section, "disqualifying offense" means any of the
3following offenses set forth in the Criminal Code of 1961 or
4the Criminal Code of 2012 or any substantially similar offense
5in federal law, the Uniform Code of Military Justice, or state
6law:
7        (1) Indecent solicitation of a child.
8        (2) Sexual exploitation of a child.
9        (3) Custodial sexual misconduct.
10        (4) Exploitation of a child.
11        (5) Child pornography.
12        (6) Aggravated child pornography.
13        (7) First degree murder.
14        (8) Second degree murder.
15        (9) Predatory criminal sexual assault of a child.
16        (10) Aggravated criminal sexual assault.
17        (11) Criminal sexual assault.
18        (12) Aggravated kidnaping.
19        (13) Aggravated battery resulting in great bodily harm
20    or permanent disability or disfigurement.
21(Source: P.A. 100-334, eff. 8-25-17.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.