Bill Text: IL HB2470 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Chicago Police Article of the Illinois Pension Code. Provides that if any policeman whose application for either a duty disability benefit or an occupational disease disability benefit has been denied by the Retirement Board brings an action for 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 expenses, including reasonable attorney's fees, as part of the costs of the action.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2019-05-29 - Passed Both Houses [HB2470 Detail]

Download: Illinois-2019-HB2470-Enrolled.html



HB2470 EnrolledLRB101 08877 RPS 53967 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 changing
5Sections 5-227 and 5-228 as follows:
6 (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
7 Sec. 5-227. Felony conviction. None of the benefits
8provided for in this Article shall be paid to any person who is
9convicted of any felony relating to or arising out of or in
10connection with his service as a policeman.
11 None of the benefits provided for in this Article shall be
12paid to any person who otherwise would receive a survivor
13benefit who is convicted of any felony relating to or arising
14out of or in connection with the service of the policeman from
15whom the benefit results.
16 None of the benefits provided for in this Article shall be
17paid to any person who is convicted of any felony while in
18receipt of disability benefits.
19 None of the benefits provided for in this Article shall be
20paid to any person who is convicted of any felony relating to
21or arising out of or in connection with the intentional and
22wrongful death of a police officer, either active or retired,
23through whom such person would become eligible to receive, or

HB2470 Enrolled- 2 -LRB101 08877 RPS 53967 b
1is receiving, an annuity under this Article.
2 A person who intentionally and unjustifiably causes delay
3in proceedings in which the person is ultimately convicted of a
4felony relating to or arising out of or in connection with his
5service as a policeman shall not be entitled to any benefits
6provided for in this Article on and after the filing date of
7the related indictment or charges. This paragraph applies to
8all persons whose felony conviction was entered on or after
9January 1, 2019.
10 Any refund required under this Article shall be calculated
11based on that person's contributions to the Fund, less the
12amount of any annuity benefit previously received by the person
13or his or her beneficiaries. This paragraph applies to all
14persons who make an application for refund to the Fund on or
15after January 1, 2019.
16 This Section shall not operate to impair any contract or
17vested right heretofore acquired under any law or laws
18continued in this Article, nor to preclude the right to a
19refund, and for the changes under this amendatory Act of the
20100th General Assembly, shall not impair any contract or vested
21right acquired by a survivor prior to the effective date of
22this amendatory Act of the 100th General Assembly.
23 All future entrants entering service subsequent to July 11,
241955, shall be deemed to have consented to the provisions of
25this Section as a condition of coverage, and all participants
26entering service subsequent to the effective date of this

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1amendatory Act of the 100th General Assembly shall be deemed to
2have consented to the provisions of this amendatory Act as a
3condition of participation.
4(Source: P.A. 100-334, eff. 8-25-17.)
5 (40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
6 Sec. 5-228. Administrative review.
7 (a) The provisions of the Administrative Review Law, and
8all amendments and modifications thereof and the rules adopted
9pursuant thereto, shall apply to and govern all proceedings for
10the judicial review of final administrative decisions of the
11retirement board provided for under this Article. The term
12"administrative decision" is as defined in Section 3-101 of the
13Code of Civil Procedure.
14 (b) If any policeman whose application for either a duty
15disability benefit under Section 5-154 or for an occupational
16disease disability benefit under Section 5-154.1 has been
17denied by the Retirement Board brings an action for
18administrative review challenging the denial of disability
19benefits and the policeman prevails in the action in
20administrative review, then the prevailing policeman shall be
21entitled to recover from the Fund court costs and litigation
22expenses, including reasonable attorney's fees, as part of the
23costs of the action.
24(Source: P.A. 82-783.)

HB2470 Enrolled- 4 -LRB101 08877 RPS 53967 b
1 Section 90. The State Mandates Act is amended by adding
2Section 8.43 as follows:
3 (30 ILCS 805/8.43 new)
4 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 101st General Assembly.
8 Section 99. Effective date. This Act takes effect upon
9becoming law.
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