Bill Text: IL HB2470 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Reinserts the provisions of the engrossed bill with the following changes. Further amends the Chicago Police Article of the Illinois Pension Code. In provisions concerning felony forfeiture, provides that a person who intentionally and unjustifiably causes delay in proceedings in which the person is ultimately convicted of a felony relating to or arising out of or in connection with his service as a policeman shall not be entitled to any benefits under the Article on and after the filing date of the related indictment or charges, that any refund shall be calculated based on that person's contributions to the Fund, less the amount of any annuity benefit previously received by the person or his or her beneficiaries, and that the changes apply to all persons whose felony conviction was entered on or after January 1, 2019. Adds an immediate effective date.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-08-16 - Public Act . . . . . . . . . 101-0387 [HB2470 Detail]
Download: Illinois-2019-HB2470-Chaptered.html
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Public Act 101-0387 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Sections 5-227 and 5-228 as follows:
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(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
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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.
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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 | ||||
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.
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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.
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A person who intentionally and unjustifiably causes delay | ||
in proceedings in which the person is ultimately convicted of a | ||
felony relating to or arising out of or in connection with his | ||
service as a policeman shall not be entitled to any benefits | ||
provided for in this Article on and after the filing date of | ||
the related indictment or charges. This paragraph applies to | ||
all persons whose felony conviction was entered on or after | ||
January 1, 2019. | ||
Any refund required under this Article shall be calculated | ||
based on that person's contributions to the Fund, less the | ||
amount of any annuity benefit previously received by the person | ||
or his or her beneficiaries. This paragraph applies to all | ||
persons who make an application for refund to the Fund on or | ||
after January 1, 2019. | ||
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 | ||
100th 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 100th General Assembly.
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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 100th General Assembly shall be deemed to | ||
have consented to the provisions of this amendatory Act as a | ||
condition of participation.
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(Source: P.A. 100-334, eff. 8-25-17.)
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(40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
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Sec. 5-228. Administrative review. | ||
(a) The provisions of the Administrative Review Law,
and | ||
all amendments and modifications thereof and the rules adopted
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pursuant thereto, shall apply to and govern all proceedings for | ||
the
judicial review of final administrative decisions of the | ||
retirement board
provided for under this Article. The term | ||
"administrative decision" is as
defined in Section 3-101 of the | ||
Code of Civil Procedure. | ||
(b) If any policeman whose application for either a duty | ||
disability benefit
under Section 5-154 or for an occupational | ||
disease disability benefit under
Section 5-154.1 has been | ||
denied by the Retirement Board brings an action for
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administrative review challenging the denial of disability | ||
benefits and the
policeman prevails in the action in | ||
administrative review, then the prevailing
policeman shall be | ||
entitled to recover from the Fund court costs and litigation
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expenses, including reasonable attorney's fees, as part of the | ||
costs of the
action.
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(Source: P.A. 82-783.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.43 as follows:
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(30 ILCS 805/8.43 new) | ||
Sec. 8.43. 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 101st General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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