Bill Text: IL HB1277 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the General Provisions Article of the Illinois Pension Code. Provides that benefit or annuity payments to a member or participant in a retirement system or pension fund shall be suspended if the member or participant is indicted or charged by information with a felony and the board of the retirement system or pension fund determines that the felony relates to or arises out of or in connection with his or her service as a member or participant of the retirement system or pension fund. Provides that if the member or participant is not convicted of that felony, payment of the benefit or annuity shall resume and the retirement system or pension fund shall pay to the member or participant the amount of the suspended annuity or benefit payments with interest. Provides that if the member or participant is convicted of that felony, the suspended annuity or benefit payments shall not be paid to the member or participant. Provides that the amendatory Act applies without regard to whether the member or participant first became a member or participant of a retirement system or pension fund before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2023-02-07 - Added Co-Sponsor Rep. Bradley Fritts [HB1277 Detail]

Download: Illinois-2023-HB1277-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1277

Introduced , by Rep. Amy Elik

SYNOPSIS AS INTRODUCED:
40 ILCS 5/1-170 new
30 ILCS 805/8.47 new

Amends the General Provisions Article of the Illinois Pension Code. Provides that benefit or annuity payments to a member or participant in a retirement system or pension fund shall be suspended if the member or participant is indicted or charged by information with a felony and the board of the retirement system or pension fund determines that the felony relates to or arises out of or in connection with his or her service as a member or participant of the retirement system or pension fund. Provides that if the member or participant is not convicted of that felony, payment of the benefit or annuity shall resume and the retirement system or pension fund shall pay to the member or participant the amount of the suspended annuity or benefit payments with interest. Provides that if the member or participant is convicted of that felony, the suspended annuity or benefit payments shall not be paid to the member or participant. Provides that the amendatory Act applies without regard to whether the member or participant first became a member or participant of a retirement system or pension fund before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB103 05884 RPS 50905 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

HB1277LRB103 05884 RPS 50905 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 adding
5Section 1-170 as follows:
6 (40 ILCS 5/1-170 new)
7 Sec. 1-170. Suspension of benefits; felony indictment or
8charge. Notwithstanding any other provision of this Code,
9benefit or annuity payments to a member or participant in a
10retirement system or pension fund established under this Code
11shall be suspended if the member or participant is indicted or
12charged by information with a felony and the board of the
13retirement system or pension fund determines that the felony
14relates to or arises out of or in connection with his or her
15service as a member or participant of the retirement system or
16pension fund. If the member or participant is not convicted of
17that felony, payment of the benefit or annuity shall resume
18and the retirement system or pension fund shall pay to the
19member or participant the amount of the suspended annuity or
20benefit payments with interest, at a rate determined by the
21board of the retirement system or pension fund. If the member
22or participant is convicted of that felony, the suspended
23annuity or benefit payments shall not be paid to the member or

HB1277- 2 -LRB103 05884 RPS 50905 b
1participant; however, the member or participant shall be
2entitled to a refund of his or her contributions as provided in
3the applicable provisions concerning forfeiture of benefits
4for certain felony convictions. This Section applies without
5regard to whether the member or participant first became a
6member or participant of a retirement system or pension fund
7before the effective date of this amendatory Act of the 103rd
8General Assembly.
9 Section 90. The State Mandates Act is amended by adding
10Section 8.47 as follows:
11 (30 ILCS 805/8.47 new)
12 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
138 of this Act, no reimbursement by the State is required for
14the implementation of any mandate created by this amendatory
15Act of the 103rd General Assembly.
16 Section 99. Effective date. This Act takes effect upon
17becoming law.
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