Bill Text: IL HB0239 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the General Assembly, Downstate Police, Downstate Firefighters, Chicago Police, Chicago Firefighters, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, Cook County Forest Preserve, Chicago Laborers, Chicago Park District, Metropolitan Water Reclamation District, State Employees, State Universities, Downstate Teachers, Chicago Teachers, and Judges Articles of the Illinois Pension Code. Provides that in any matter involving a question of whether pension benefits should be terminated because of a felony, the board of the fund or system shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding. Provides that the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony and may seek judicial review of the board's decision not to terminate benefits because of a felony conviction. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-01-23 - Referred to Rules Committee [HB0239 Detail]

Download: Illinois-2015-HB0239-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0239 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
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Amends the General Assembly, Downstate Police, Downstate Firefighters, Chicago Police, Chicago Firefighters, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, Cook County Forest Preserve, Chicago Laborers, Chicago Park District, Metropolitan Water Reclamation District, State Employees, State Universities, Downstate Teachers, Chicago Teachers, and Judges Articles of the Illinois Pension Code. Provides that in any matter involving a question of whether pension benefits should be terminated because of a felony, the board of the fund or system shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding. Provides that the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony and may seek judicial review of the board's decision not to terminate benefits because of a felony conviction. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
LRB099 03894 RPS 23910 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB0239 LRB099 03894 RPS 23910 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Sections 5-189, 6-185, 8-203, 9-196, 11-192, 12-162, and 13-706
and by adding Sections 2-156.5, 3-147.5, 4-138.2, 7-219.5,
10-109.5, 14-149.5, 15-187.5, 16-199.5, 17-149.2, and 18-163.5
as follows:
(40 ILCS 5/2-156.5 new)
Sec. 2-156.5. Felony forfeiture proceedings. In any matter
involving a question of whether benefits under this Article
should be terminated because of a felony conviction, the Board
shall make the Attorney General and the State's Attorney of the
county in which the felony occurred parties to the proceeding;
the Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the Board's decision not to terminate benefits under
this Article because of a felony conviction.
(40 ILCS 5/3-147.5 new)
Sec. 3-147.5. Felony forfeiture proceedings. In any matter
involving a question of whether benefits under this Article

HB0239 - 2 - LRB099 03894 RPS 23910 b
should be terminated because of a felony conviction, the board
shall make the Attorney General and the State's Attorney of the
county in which the felony occurred parties to the proceeding;
the Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the board's decision not to terminate benefits under
this Article because of a felony conviction.
(40 ILCS 5/4-138.2 new)
Sec. 4-138.2. Felony forfeiture proceedings. In any matter
involving a question of whether benefits under this Article
should be terminated because of a felony conviction, the board
shall make the Attorney General and the State's Attorney of the
county in which the felony occurred parties to the proceeding;
the Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the board's decision not to terminate benefits under
this Article because of a felony conviction.
(40 ILCS 5/5-189) (from Ch. 108 1/2, par. 5-189)
Sec. 5-189. To authorize payments. To authorize the payment
of any annuity, pension, or benefit granted under this Article
or under any other Act relating to police pensions, heretofore
in effect in the city which has been superseded by this

HB0239 - 3 - LRB099 03894 RPS 23910 b
Article; to increase, reduce, or suspend any such annuity,
pension, or benefit whenever any part thereof was secured or
granted or the amount thereof fixed, as the result of
misrepresentation, fraud, or error; provided, the annuitant,
pensioner or beneficiary concerned shall be notified and given
an opportunity to be heard concerning such proposed action.
The Board shall have exclusive original jurisdiction in all
matters relating to or affecting the fund, including, in
addition to all other matters, all claims for annuities,
pensions, benefits or refunds. However, in any matter involving
a question of whether benefits under this Article should be
terminated because of a felony conviction, the Board shall make
the Attorney General and the State's Attorney of the county in
which the felony occurred parties to the proceeding; the
Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the Board's decision not to terminate benefits under
this Article because of a felony conviction.
(Source: P.A. 77-2141.)
(40 ILCS 5/6-185) (from Ch. 108 1/2, par. 6-185)
Sec. 6-185. To authorize payments. To authorize the payment
of any annuity, pension or benefit granted under this Article,
or under any other Act relating to firemen's pensions,
heretofore in effect in the city which has been superseded by

HB0239 - 4 - LRB099 03894 RPS 23910 b
this Article; to increase, reduce, or suspend any such annuity,
pension, or benefit whenever any part thereof was secured or
granted, or the amount thereof fixed, as the result of
misrepresentation, fraud, or error; provided, that the
annuitant, pensioner, or beneficiary concerned shall be
notified and given an opportunity to be heard concerning such
proposed action. The board shall have exclusive original
jurisdiction in all matters relating to or affecting the fund,
including, in addition to all other matters, all claims for
annuities, benefits, refunds or pensions. However, in any
matter involving a question of whether benefits under this
Article should be terminated because of a felony conviction,
the board shall make the Attorney General and the State's
Attorney of the county in which the felony occurred parties to
the proceeding; the Attorney General or the State's Attorney
may contest the eligibility of the person convicted of the
felony, and the Attorney General or the State's Attorney may
seek judicial review of the board's decision not to terminate
benefits under this Article because of a felony conviction.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/7-219.5 new)
Sec. 7-219.5. Felony forfeiture proceedings. In any matter
involving a question of whether benefits under this Article
should be terminated because of a felony conviction, the Board
shall make the Attorney General and the State's Attorney of the

HB0239 - 5 - LRB099 03894 RPS 23910 b
county in which the felony occurred parties to the proceeding;
the Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the Board's decision not to terminate benefits under
this Article because of a felony conviction.
(40 ILCS 5/8-203) (from Ch. 108 1/2, par. 8-203)
Sec. 8-203. To authorize payments. To authorize or suspend
the payment of any annuity or benefit in accordance with this
Article. The board shall have exclusive original jurisdiction
in all matters relating to the fund, including, in addition to
all other matters, all claims for annuities, pensions, benefits
or refunds. However, in any matter involving a question of
whether benefits under this Article should be terminated
because of a felony conviction, the board shall make the
Attorney General and the State's Attorney of the county in
which the felony occurred parties to the proceeding; the
Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the board's decision not to terminate benefits under
this Article because of a felony conviction.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/9-196) (from Ch. 108 1/2, par. 9-196)

HB0239 - 6 - LRB099 03894 RPS 23910 b
Sec. 9-196. To authorize payments. To authorize or suspend
the payment of any annuity or benefit in accordance with this
Article. The board shall have exclusive original jurisdiction
in all matters relating to the fund, including, in addition to
all other matters, all claims for annuities, pensions, benefits
or refunds. However, in any matter involving a question of
whether benefits under this Article should be terminated
because of a felony conviction, the board shall make the
Attorney General and the State's Attorney of the county in
which the felony occurred parties to the proceeding; the
Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the board's decision not to terminate benefits under
this Article because of a felony conviction.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/10-109.5 new)
Sec. 10-109.5. Felony forfeiture proceedings. In any
matter involving a question of whether benefits under this
Article should be terminated because of a felony conviction,
the board shall make the Attorney General and the State's
Attorney of the county in which the felony occurred parties to
the proceeding; the Attorney General or the State's Attorney
may contest the eligibility of the person convicted of the
felony, and the Attorney General or the State's Attorney may

HB0239 - 7 - LRB099 03894 RPS 23910 b
seek judicial review of the board's decision not to terminate
benefits under this Article because of a felony conviction.
(40 ILCS 5/11-192) (from Ch. 108 1/2, par. 11-192)
Sec. 11-192. To authorize payments. To authorize or suspend
the payment of any annuity or benefit in accordance with this
Article. The board shall have exclusive original jurisdiction
in all matters relating to or affecting the fund, including, in
addition to all other matters, all claims for annuities,
pensions, benefits or refunds. However, in any matter involving
a question of whether benefits under this Article should be
terminated because of a felony conviction, the board shall make
the Attorney General and the State's Attorney of the county in
which the felony occurred parties to the proceeding; the
Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the board's decision not to terminate benefits under
this Article because of a felony conviction.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/12-162) (from Ch. 108 1/2, par. 12-162)
Sec. 12-162. To have exclusive original jurisdiction. To
have exclusive original jurisdiction in all matters relating to
or affecting the fund, including, in addition to all other
matters, all claims for annuities, benefits or refunds under

HB0239 - 8 - LRB099 03894 RPS 23910 b
this Article. However, in any matter involving a question of
whether benefits under this Article should be terminated
because of a felony conviction, the board shall make the
Attorney General and the State's Attorney of the county in
which the felony occurred parties to the proceeding; the
Attorney General or the State's Attorney may contest the
eligibility of the person convicted of the felony, and the
Attorney General or the State's Attorney may seek judicial
review of the board's decision not to terminate benefits under
this Article because of a felony conviction.
(Source: Laws 1963, p. 161.)
(40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
Sec. 13-706. Board powers and duties. The Board shall have
the powers and duties set forth in this Section, in addition to
such other powers and duties as may be provided in this Article
and in this Code:
(a) To supervise collections. To see that all amounts
specified in this Article to be applied to the Fund, from
any source, are collected and applied.
(b) To notify of deductions. To notify the Clerk of the
Water Reclamation District of the deductions to be made
from the salaries of employees.
(c) To accept gifts. To accept by gift, grant, bequest
or otherwise any money or property of any kind and use the
same for the purposes of the Fund.

HB0239 - 9 - LRB099 03894 RPS 23910 b
(d) To invest the reserves. To invest the reserves of
the Fund in accordance with the provisions set forth in
Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and
1-115 of this Code. Investments made in accordance with
Section 1-113 of Article 1 of this Code shall be deemed
prudent. The Board is also authorized to transfer
securities to the Illinois State Board of Investment for
the purpose of participation in any commingled investment
fund as provided in Article 22A of this Code.
(e) To authorize payments. To consider and pass upon
all applications for annuities and benefits; to authorize
or suspend the payment of any annuity or benefit; to
inquire into the validity and legality of any grant of
annuity or benefit paid from or payable out of the Fund; to
increase, reduce, or suspend any such annuity or benefit
whenever the annuity or benefit, or any part thereof, was
secured or granted, or the amount thereof fixed, as the
result of misrepresentation, fraud, or error. No such
annuity or benefit shall be permanently reduced or
suspended until the affected annuitant or beneficiary is
first notified of the proposed action and given an
opportunity to be heard. No trustee of the Board shall vote
upon that trustee's own personal claim for annuity, benefit
or refund, or participate in the deliberations of the Board
as to the validity of any such claim. The Board shall have
exclusive original jurisdiction in all matters of claims

HB0239 - 10 - LRB099 03894 RPS 23910 b
for annuities, benefits and refunds. However, in any matter
involving a question of whether benefits under this Article
should be terminated because of a felony conviction, the
Board shall make the Attorney General and the State's
Attorney of the county in which the felony occurred parties
to the proceeding; the Attorney General or the State's
Attorney may contest the eligibility of the person
convicted of the felony, and the Attorney General or the
State's Attorney may seek judicial review of the Board's
decision not to terminate benefits under this Article
because of a felony conviction.
(f) To submit an annual report. To submit a report in
July of each year to the Board of Commissioners of the
Water Reclamation District as of the close of business on
December 31st of the preceding year. The report shall
include the following:
(1) A balance sheet, showing the financial and
actuarial condition of the Fund as of the end of the
calendar year;
(2) A statement of receipts and disbursements
during such year;
(3) A statement showing changes in the asset,
liability, reserve and surplus accounts during such
year;
(4) A detailed statement of investments as of the
end of the year; and

HB0239 - 11 - LRB099 03894 RPS 23910 b
(5) Any additional information as is deemed
necessary for proper interpretation of the condition
of the Fund.
(g) To subpoena witnesses. To compel witnesses to
attend and testify before it upon any matter concerning the
Fund and allow witness fees not in excess of $6 for
attendance upon any one day. The President and other
members of the Board may administer oaths to witnesses.
(h) To appoint employees and consultants. To appoint
such actuarial, medical, legal, investigational, clerical
or financial employees and consultants as are necessary,
and fix their compensation.
(i) To make rules. To make rules and regulations
necessary for the administration of the affairs of the
Fund.
(j) To waive guardianship. To waive the requirement of
legal guardianship of any minor unmarried beneficiary of
the Fund living with a parent or grandparent, and legal
guardianship of any beneficiary under legal disability
whose husband, wife, or parent is managing such
beneficiary's affairs, whenever the Board deems such
waiver to be in the best interest of the beneficiary.
(k) To collect amounts due. To collect any amounts due
to the Fund from any participant or beneficiary prior to
payment of any annuity, benefit or refund.
(l) To invoke rule of offset. To offset against any

HB0239 - 12 - LRB099 03894 RPS 23910 b
amount payable to an employee or to any other person such
sums as may be due to the Fund or may have been paid by the
Fund due to misrepresentation, fraud or error.
(m) To assess and collect interest on amounts due to
the Fund using the annual rate as shall from time to time
be determined by the Board, compounded annually from the
date of notification to the date of payment.
(Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
(40 ILCS 5/14-149.5 new)
Sec. 14-149.5. Felony forfeiture proceedings. In any
matter involving a question of whether benefits under this
Article should be terminated because of a felony conviction,
the Board shall make the Attorney General and the State's
Attorney of the county in which the felony occurred parties to
the proceeding; the Attorney General or the State's Attorney
may contest the eligibility of the person convicted of the
felony, and the Attorney General or the State's Attorney may
seek judicial review of the Board's decision not to terminate
benefits under this Article because of a felony conviction.
(40 ILCS 5/15-187.5 new)
Sec. 15-187.5. Felony forfeiture proceedings. In any
matter involving a question of whether benefits under this
Article should be terminated because of a felony conviction,
the Board shall make the Attorney General and the State's

HB0239 - 13 - LRB099 03894 RPS 23910 b
Attorney of the county in which the felony occurred parties to
the proceeding; the Attorney General or the State's Attorney
may contest the eligibility of the person convicted of the
felony, and the Attorney General or the State's Attorney may
seek judicial review of the Board's decision not to terminate
benefits under this Article because of a felony conviction.
(40 ILCS 5/16-199.5 new)
Sec. 16-199.5. Felony forfeiture proceedings. In any
matter involving a question of whether benefits under this
Article should be terminated because of a felony conviction,
the Board shall make the Attorney General and the State's
Attorney of the county in which the felony occurred parties to
the proceeding; the Attorney General or the State's Attorney
may contest the eligibility of the person convicted of the
felony, and the Attorney General or the State's Attorney may
seek judicial review of the Board's decision not to terminate
benefits under this Article because of a felony conviction.
(40 ILCS 5/17-149.2 new)
Sec. 17-149.2. Felony forfeiture proceedings. In any
matter involving a question of whether benefits under this
Article should be terminated because of a felony conviction,
the Board shall make the Attorney General and the State's
Attorney of the county in which the felony occurred parties to
the proceeding; the Attorney General or the State's Attorney

HB0239 - 14 - LRB099 03894 RPS 23910 b
may contest the eligibility of the person convicted of the
felony, and the Attorney General or the State's Attorney may
seek judicial review of the Board's decision not to terminate
benefits under this Article because of a felony conviction.
(40 ILCS 5/18-163.5 new)
Sec. 18-163.5. Felony forfeiture proceedings. In any
matter involving a question of whether benefits under this
Article should be terminated because of a felony conviction,
the Board shall make the Attorney General and the State's
Attorney of the county in which the felony occurred parties to
the proceeding; the Attorney General or the State's Attorney
may contest the eligibility of the person convicted of the
felony, and the Attorney General or the State's Attorney may
seek judicial review of the Board's decision not to terminate
benefits under this Article because of a felony conviction.
Section 90. The State Mandates Act is amended by adding
Section 8.39 as follows:
(30 ILCS 805/8.39 new)
Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 99th General Assembly.
Section 99. Effective date. This Act takes effect upon

HB0239 - 15 - LRB099 03894 RPS 23910 b
becoming law.
HB0239 - 16 - LRB099 03894 RPS 23910 b
INDEX
Statutes amended in order of appearance