Bill Amendment: IL SB1049 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: GOVERNMENT-TECH

Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1049 Detail]

Download: Illinois-2015-SB1049-Senate_Amendment_001.html

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Sen. Pamela J. Althoff

Filed: 5/17/2016

09900SB1049sam001 LRB099 05382 RPS 48756 a
AMENDMENT TO SENATE BILL 1049
AMENDMENT NO. ______. Amend Senate Bill 1049 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by
changing Sections 2-156, 3-147, 4-138, 5-227, 6-221, 7-219,
8-251, 9-235, 10-109, 11-230, 12-191, 13-807, 14-149, 15-187,
16-199, 17-149.1, and 18-163 as follows:
(40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
Sec. 2-156. Felony conviction. None of the benefits herein
provided for shall be paid to any person who is convicted of
any felony relating to or arising out of or in connection with
his or her service as a member.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the member from

09900SB1049sam001 - 2 - LRB099 05382 RPS 48756 a
whom the benefit results.
This Section shall not operate to impair any contract or
vested right acquired prior to July 11, 1955 under any law or
laws continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All participants entering service subsequent to July 11,
1955 shall be deemed to have consented to the provisions of
this Section as a condition of participation, and all
participants entering service subsequent to the effective date
of this amendatory Act of the 99th General Assembly shall be
deemed to have consented to the provisions of this amendatory
Act as a condition of participation.
(Source: P.A. 83-1440.)
(40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
Sec. 3-147. Felony conviction. None of the benefits
provided in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his or her service as a police officer.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the police officer

09900SB1049sam001 - 3 - LRB099 05382 RPS 48756 a
from whom the benefit results.
This Section shall not impair any contract or vested right
acquired prior to July 11, 1955 under any law continued in this
Article, nor preclude the right to a refund, and for the
changes under this amendatory Act of the 99th General Assembly,
shall not impair any contract or vested right acquired by a
survivor prior to the effective date of this amendatory Act of
the 99th General Assembly.
All persons entering service subsequent to July 11, 1955
are deemed to have consented to the provisions of this Section
as a condition of coverage, and all participants entering
service subsequent to the effective date of this amendatory Act
of the 99th General Assembly shall be deemed to have consented
to the provisions of this amendatory Act as a condition of
participation.
(Source: P.A. 83-1440.)
(40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
Sec. 4-138. Felony conviction. None of the benefits
provided under this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with service as a firefighter.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the firefighter

09900SB1049sam001 - 4 - LRB099 05382 RPS 48756 a
from whom the benefit results.
This Section shall not impair any contract or vested right
acquired prior to July 11, 1955 under any law continued in this
Article, nor preclude the right to a refund, and for the
changes under this amendatory Act of the 99th General Assembly,
shall not impair any contract or vested right acquired by a
survivor prior to the effective date of this amendatory Act of
the 99th General Assembly.
All persons entering service subsequent to July 11, 1955,
are deemed to have consented to the provisions of this Section
as a condition of coverage, and all participants entering
service subsequent to the effective date of this amendatory Act
of the 99th General Assembly shall be deemed to have consented
to the provisions of this amendatory Act as a condition of
participation.
(Source: P.A. 83-1440.)
(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
Sec. 5-227. Felony conviction. None of the benefits
provided for in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his service as a policeman.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the policeman from

09900SB1049sam001 - 5 - LRB099 05382 RPS 48756 a
whom the benefit results.
None of the benefits provided for in this Article shall be
paid to any person who is convicted of any felony while in
receipt of disability benefits.
None of the benefits provided for in this Article shall be
paid to any person who is convicted of any felony relating to
or arising out of or in connection with the intentional and
wrongful death of a police officer, either active or retired,
through whom such person would become eligible to receive, or
is receiving, an annuity under this Article.
This Section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service subsequent to July 11,
1955, shall be deemed to have consented to the provisions of
this Section as a condition of coverage, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: P.A. 83-809.)

09900SB1049sam001 - 6 - LRB099 05382 RPS 48756 a
(40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)
Sec. 6-221. Felony conviction. None of the benefits
provided in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his service as a fireman.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the fireman from
whom the benefit results.
This section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants after July 11, 1955 shall be deemed to
have consented to the provisions of this section as a condition
of coverage, and all participants entering service subsequent
to the effective date of this amendatory Act of the 99th
General Assembly shall be deemed to have consented to the
provisions of this amendatory Act as a condition of
participation.
(Source: Laws 1963, p. 161.)

09900SB1049sam001 - 7 - LRB099 05382 RPS 48756 a
(40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
Sec. 7-219. Felony conviction.
None of the benefits provided for in this Article shall be
paid to any person who is convicted of any felony relating to
or arising out of or in connection with his service as an
employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service subsequent to July 9,
1955 shall be deemed to have consented to the provisions of
this Section as a condition of coverage, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: Laws 1963, p. 161.)

09900SB1049sam001 - 8 - LRB099 05382 RPS 48756 a
(40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
Sec. 8-251. Felony conviction.
None of the benefits provided for in this Article shall be
paid to any person who is convicted of any felony relating to
or arising out of or in connection with his service as a
municipal employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service subsequent to July 11,
1955 shall be deemed to have consented to the provisions of
this section as a condition of coverage, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.

09900SB1049sam001 - 9 - LRB099 05382 RPS 48756 a
(Source: Laws 1963, p. 161.)
(40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
Sec. 9-235. Felony conviction.
None of the benefits provided in this Article shall be paid
to any person who is convicted of any felony relating to or
arising out of or in connection with his service as an
employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service after July 11, 1955,
shall be deemed to have consented to the provisions of this
section as a condition of coverage, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a

09900SB1049sam001 - 10 - LRB099 05382 RPS 48756 a
condition of participation.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/10-109)
Sec. 10-109. Felony conviction. None of the benefits
provided in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his service as an employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service after the effective
date of this amendatory Act of the 95th General Assembly shall
be deemed to have consented to the provisions of this Section
as a condition of coverage, and all participants entering
service subsequent to the effective date of this amendatory Act
of the 99th General Assembly shall be deemed to have consented

09900SB1049sam001 - 11 - LRB099 05382 RPS 48756 a
to the provisions of this amendatory Act as a condition of
participation.
(Source: P.A. 95-1036, eff. 2-17-09.)
(40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
Sec. 11-230. Felony conviction.
None of the benefits provided in this Article shall be paid
to any person who is convicted of any felony relating to or
arising out of or in connection with his service as employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service after July 11, 1955,
shall be deemed to have consented to the provisions of this
section as a condition of coverage, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to

09900SB1049sam001 - 12 - LRB099 05382 RPS 48756 a
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
Sec. 12-191. Felony conviction.
None of the benefits provided for in this Article shall be
paid to any person who is convicted of any felony relating to
or arising out of or in connection with his service as an
employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service subsequent to July 11,
1955 shall be deemed to have consented to the provisions of
this section as a condition of coverage, and all participants
entering service subsequent to the effective date of this

09900SB1049sam001 - 13 - LRB099 05382 RPS 48756 a
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)
Sec. 13-807. Felony conviction. None of the benefits
provided in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with service as an employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All persons entering service subsequent to July 11, 1955
shall be deemed to have consented to the provisions of this
Section as a condition of coverage, and all participants
entering service subsequent to the effective date of this

09900SB1049sam001 - 14 - LRB099 05382 RPS 48756 a
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: P.A. 87-794.)
(40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
Sec. 14-149. Felony conviction. None of the benefits herein
provided for shall be paid to any person who is convicted of
any felony relating to or arising out of or in connection with
his service as an employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All future entrants entering service subsequent to July 9,
1955 shall be deemed to have consented to the provisions of
this section as a condition of coverage, and all participants
entering service subsequent to the effective date of this

09900SB1049sam001 - 15 - LRB099 05382 RPS 48756 a
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: P.A. 80-841.)
(40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
Sec. 15-187. Felony conviction. None of the benefits
provided under this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with the person's service as an employee.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the employee from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right heretofore acquired under any law or laws
continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly. No refund
paid to any person who is convicted of a felony relating to or
arising out of or in connection with the person's service as an
employee shall include employer contributions or interest or,
in the case of the self-managed plan authorized under Section

09900SB1049sam001 - 16 - LRB099 05382 RPS 48756 a
15-158.2, any employer contributions or investment return on
such employer contributions.
All persons entering service subsequent to July 9, 1955
shall be deemed to have consented to the provisions of this
Section as a condition of coverage, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: P.A. 93-347, eff. 7-24-03.)
(40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)
Sec. 16-199. Felony conviction. None of the benefits
provided for in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his or her service as a teacher.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the teacher from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right acquired prior to July 9, 1955 under any law or
laws continued in this Article, nor to preclude the right to a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested

09900SB1049sam001 - 17 - LRB099 05382 RPS 48756 a
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly. The System
may sue any such person to collect all moneys paid in excess of
refundable contributions.
All teachers entering or re-entering service after July 9,
1955 shall be deemed to have consented to the provisions of
this Section as a condition of membership, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: P.A. 85-1008.)
(40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
Sec. 17-149.1. Felony conviction. None of the benefits
provided for in this Article shall be paid to any person who is
convicted of any felony relating to or arising out of or in
connection with his or her service as a teacher.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the teacher from
whom the benefit results.
This Section shall not operate to impair any contract or
vested right acquired prior to January 1, 1988, nor to preclude
the right to a refund, and for the changes under this

09900SB1049sam001 - 18 - LRB099 05382 RPS 48756 a
amendatory Act of the 99th General Assembly, shall not impair
any contract or vested right acquired by a survivor prior to
the effective date of this amendatory Act of the 99th General
Assembly.
All teachers entering service after January 1, 1988 shall
be deemed to have consented to the provisions of this Section
as a condition of membership, and all participants entering
service subsequent to the effective date of this amendatory Act
of the 99th General Assembly shall be deemed to have consented
to the provisions of this amendatory Act as a condition of
participation.
(Source: P.A. 85-964.)
(40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
Sec. 18-163. Felony conviction. None of the benefits herein
provided shall be paid to any person who is convicted of any
felony relating to or arising out of or in connection with his
or her service as a judge.
None of the benefits provided for in this Article shall be
paid to any person who otherwise would receive a survivor
benefit who is convicted of any felony relating to or arising
out of or in connection with the service of the judge from whom
the benefit results.
This Section shall not operate to impair any contract or
vested right acquired before July 9, 1955 under any law or laws
continued in this Article, nor to preclude the right to a

09900SB1049sam001 - 19 - LRB099 05382 RPS 48756 a
refund, and for the changes under this amendatory Act of the
99th General Assembly, shall not impair any contract or vested
right acquired by a survivor prior to the effective date of
this amendatory Act of the 99th General Assembly.
All participants entering service subsequent to July 9,
1955 are deemed to have consented to the provisions of this
Section as a condition of participation, and all participants
entering service subsequent to the effective date of this
amendatory Act of the 99th General Assembly shall be deemed to
have consented to the provisions of this amendatory Act as a
condition of participation.
(Source: P.A. 83-1440.)
Section 99. Effective date. This Act takes effect upon
becoming law.".