Bill Text: IL HB4820 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Illinois Pension Code. In provisions concerning forfeiture of benefits for certain felony convictions, provides that the forfeiture of benefits applies immediately after the felony conviction is entered, notwithstanding whether the person has been sentenced for that felony. Provides that the changes made by the amendatory Act apply to felony convictions entered on or after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-06 - Referred to Rules Committee [HB4820 Detail]

Download: Illinois-2023-HB4820-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4820

Introduced 2/6/2024, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:
40 ILCS 5/2-156 from Ch. 108 1/2, par. 2-156
40 ILCS 5/3-147 from Ch. 108 1/2, par. 3-147
40 ILCS 5/4-138 from Ch. 108 1/2, par. 4-138
40 ILCS 5/5-227 from Ch. 108 1/2, par. 5-227
40 ILCS 5/6-221 from Ch. 108 1/2, par. 6-221
40 ILCS 5/7-219 from Ch. 108 1/2, par. 7-219
40 ILCS 5/8-251 from Ch. 108 1/2, par. 8-251
40 ILCS 5/9-235 from Ch. 108 1/2, par. 9-235
40 ILCS 5/10-109
40 ILCS 5/11-230 from Ch. 108 1/2, par. 11-230
40 ILCS 5/12-191 from Ch. 108 1/2, par. 12-191
40 ILCS 5/13-807 from Ch. 108 1/2, par. 13-807
40 ILCS 5/14-149 from Ch. 108 1/2, par. 14-149
40 ILCS 5/15-187 from Ch. 108 1/2, par. 15-187
40 ILCS 5/16-199 from Ch. 108 1/2, par. 16-199
40 ILCS 5/17-149.1 from Ch. 108 1/2, par. 17-149.1
40 ILCS 5/18-163 from Ch. 108 1/2, par. 18-163

Amends the Illinois Pension Code. In provisions concerning forfeiture of benefits for certain felony convictions, provides that the forfeiture of benefits applies immediately after the felony conviction is entered, notwithstanding whether the person has been sentenced for that felony. Provides that the changes made by the amendatory Act apply to felony convictions entered on or after the effective date of the amendatory Act.
LRB103 37943 RPS 68075 b

A BILL FOR

HB4820LRB103 37943 RPS 68075 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
5changing Sections 2-156, 3-147, 4-138, 5-227, 6-221, 7-219,
68-251, 9-235, 10-109, 11-230, 12-191, 13-807, 14-149, 15-187,
716-199, 17-149.1, and 18-163 as follows:
8 (40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
9 Sec. 2-156. Felony conviction. None of the benefits herein
10provided for shall be paid to any person who is convicted of
11any felony relating to or arising out of or in connection with
12his or her service as a member.
13 None of the benefits provided for in this Article shall be
14paid to any person who otherwise would receive a survivor
15benefit who is convicted of any felony relating to or arising
16out of or in connection with the service of the member from
17whom the benefit results.
18 The forfeiture of benefits under this Section applies
19immediately after the felony conviction is entered,
20notwithstanding whether the person has been sentenced for that
21felony. This paragraph applies to felony convictions entered
22on or after the effective date of this amendatory Act of the
23103rd General Assembly.

HB4820- 2 -LRB103 37943 RPS 68075 b
1 This Section shall not operate to impair any contract or
2vested right acquired prior to July 11, 1955 under any law or
3laws continued in this Article, nor to preclude the right to a
4refund, and for the changes under this amendatory Act of the
5100th General Assembly, shall not impair any contract or
6vested right acquired by a survivor prior to the effective
7date of this amendatory Act of the 100th General Assembly.
8 All participants entering service subsequent to July 11,
91955 shall be deemed to have consented to the provisions of
10this Section as a condition of participation, and all
11participants entering service subsequent to the effective date
12of this amendatory Act of the 100th General Assembly shall be
13deemed to have consented to the provisions of this amendatory
14Act as a condition of participation.
15(Source: P.A. 100-334, eff. 8-25-17.)
16 (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
17 Sec. 3-147. Felony conviction. None of the benefits
18provided in this Article shall be paid to any person who is
19convicted of any felony relating to or arising out of or in
20connection with his or her service as a police officer.
21 None of the benefits provided for in this Article shall be
22paid to any person who otherwise would receive a survivor
23benefit who is convicted of any felony relating to or arising
24out of or in connection with the service of the police officer
25from whom the benefit results.

HB4820- 3 -LRB103 37943 RPS 68075 b
1 The forfeiture of benefits under this Section applies
2immediately after the felony conviction is entered,
3notwithstanding whether the person has been sentenced for that
4felony. This paragraph applies to felony convictions entered
5on or after the effective date of this amendatory Act of the
6103rd General Assembly.
7 This Section shall not impair any contract or vested right
8acquired prior to July 11, 1955 under any law continued in this
9Article, nor preclude the right to a refund, and for the
10changes under this amendatory Act of the 100th General
11Assembly, shall not impair any contract or vested right
12acquired by a survivor prior to the effective date of this
13amendatory Act of the 100th General Assembly.
14 All persons entering service subsequent to July 11, 1955
15are deemed to have consented to the provisions of this Section
16as a condition of coverage, and all participants entering
17service subsequent to the effective date of this amendatory
18Act of the 100th General Assembly shall be deemed to have
19consented to the provisions of this amendatory Act as a
20condition of participation.
21(Source: P.A. 100-334, eff. 8-25-17.)
22 (40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
23 Sec. 4-138. Felony conviction. None of the benefits
24provided under this Article shall be paid to any person who is
25convicted of any felony relating to or arising out of or in

HB4820- 4 -LRB103 37943 RPS 68075 b
1connection with service as a firefighter.
2 None of the benefits provided for in this Article shall be
3paid to any person who otherwise would receive a survivor
4benefit who is convicted of any felony relating to or arising
5out of or in connection with the service of the firefighter
6from whom the benefit results.
7 The forfeiture of benefits under this Section applies
8immediately after the felony conviction is entered,
9notwithstanding whether the person has been sentenced for that
10felony. This paragraph applies to felony convictions entered
11on or after the effective date of this amendatory Act of the
12103rd General Assembly.
13 This Section shall not impair any contract or vested right
14acquired prior to July 11, 1955 under any law continued in this
15Article, nor preclude the right to a refund, and for the
16changes under this amendatory Act of the 100th General
17Assembly, shall not impair any contract or vested right
18acquired by a survivor prior to the effective date of this
19amendatory Act of the 100th General Assembly.
20 All persons entering service subsequent to July 11, 1955,
21are deemed to have consented to the provisions of this Section
22as a condition of coverage, and all participants entering
23service subsequent to the effective date of this amendatory
24Act of the 100th General Assembly shall be deemed to have
25consented to the provisions of this amendatory Act as a
26condition of participation.

HB4820- 5 -LRB103 37943 RPS 68075 b
1(Source: P.A. 100-334, eff. 8-25-17.)
2 (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
3 Sec. 5-227. Felony conviction. None of the benefits
4provided for in this Article shall be paid to any person who is
5convicted of any felony relating to or arising out of or in
6connection with his service as a policeman.
7 None of the benefits provided for in this Article shall be
8paid to any person who otherwise would receive a survivor
9benefit who is convicted of any felony relating to or arising
10out of or in connection with the service of the policeman from
11whom the benefit results.
12 None of the benefits provided for in this Article shall be
13paid to any person who is convicted of any felony while in
14receipt of disability benefits.
15 None of the benefits provided for in this Article shall be
16paid to any person who is convicted of any felony relating to
17or arising out of or in connection with the intentional and
18wrongful death of a police officer, either active or retired,
19through whom such person would become eligible to receive, or
20is receiving, an annuity under this Article.
21 A person who intentionally and unjustifiably causes delay
22in proceedings in which the person is ultimately convicted of
23a felony relating to or arising out of or in connection with
24his service as a policeman shall not be entitled to any
25benefits provided for in this Article on and after the filing

HB4820- 6 -LRB103 37943 RPS 68075 b
1date of the related indictment
or charges. This paragraph
2applies to all persons whose felony conviction was entered on
3or after January 1, 2019.
4 Except for a person who intentionally and unjustifiably
5causes delay in proceedings in which the person is ultimately
6convicted of a felony relating to or arising out of or in
7connection with his service as a policeman, the forfeiture of
8benefits under this Section applies immediately after the
9conviction is entered, notwithstanding whether the person has
10been sentenced for that felony. This paragraph applies to
11felony convictions entered on or after the effective date of
12this amendatory Act of the 103rd General Assembly.
13 Any refund required under this Article shall be calculated
14based on that person's contributions to the Fund, less the
15amount of any annuity benefit previously received by the
16person or his or her beneficiaries. This paragraph applies to
17all persons who make an application for refund to the Fund on
18or after January 1, 2019.
19 This Section shall not operate to impair any contract or
20vested right heretofore acquired under any law or laws
21continued in this Article, nor to preclude the right to a
22refund, and for the changes under this amendatory Act of the
23100th General Assembly, shall not impair any contract or
24vested right acquired by a survivor prior to the effective
25date of this amendatory Act of the 100th General Assembly.
26 All future entrants entering service subsequent to July

HB4820- 7 -LRB103 37943 RPS 68075 b
111, 1955, shall be deemed to have consented to the provisions
2of this Section as a condition of coverage, and all
3participants entering service subsequent to the effective date
4of this amendatory Act of the 100th General Assembly shall be
5deemed to have consented to the provisions of this amendatory
6Act as a condition of participation.
7(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
8 (40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)
9 Sec. 6-221. Felony conviction. None of the benefits
10provided in this Article shall be paid to any person who is
11convicted of any felony relating to or arising out of or in
12connection with his service as a fireman.
13 None of the benefits provided for in this Article shall be
14paid to any person who otherwise would receive a survivor
15benefit who is convicted of any felony relating to or arising
16out of or in connection with the service of the fireman from
17whom the benefit results.
18 The forfeiture of benefits under this Section applies
19immediately after the felony conviction is entered,
20notwithstanding whether the person has been sentenced for that
21felony. This paragraph applies to felony convictions entered
22on or after the effective date of this amendatory Act of the
23103rd General Assembly.
24 This Section shall not operate to impair any contract or
25vested right heretofore acquired under any law or laws

HB4820- 8 -LRB103 37943 RPS 68075 b
1continued in this Article, nor to preclude the right to a
2refund, and for the changes under this amendatory Act of the
3100th General Assembly, shall not impair any contract or
4vested right acquired by a survivor prior to the effective
5date of this amendatory Act of the 100th General Assembly.
6 All future entrants after July 11, 1955 shall be deemed to
7have consented to the provisions of this section as a
8condition of coverage, and all participants entering service
9subsequent to the effective date of this amendatory Act of the
10100th General Assembly shall be deemed to have consented to
11the provisions of this amendatory Act as a condition of
12participation.
13(Source: P.A. 100-334, eff. 8-25-17.)
14 (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
15 Sec. 7-219. Felony conviction. None of the benefits
16provided for in this Article shall be paid to any person who is
17convicted of any felony relating to or arising out of or in
18connection with his service as an employee.
19 None of the benefits provided for in this Article shall be
20paid to any person who otherwise would receive a survivor
21benefit who is convicted of any felony relating to or arising
22out of or in connection with the service of the employee from
23whom the benefit results.
24 The forfeiture of benefits under this Section applies
25immediately after the felony conviction is entered,

HB4820- 9 -LRB103 37943 RPS 68075 b
1notwithstanding whether the person has been sentenced for that
2felony. This paragraph applies to felony convictions entered
3on or after the effective date of this amendatory Act of the
4103rd General Assembly.
5 This Section shall not operate to impair any contract or
6vested right heretofore acquired under any law or laws
7continued in this Article, nor to preclude the right to a
8refund, and for the changes under this amendatory Act of the
9100th General Assembly, shall not impair any contract or
10vested right acquired by a survivor prior to the effective
11date of this amendatory Act of the 100th General Assembly.
12 All future entrants entering service subsequent to July 9,
131955 shall be deemed to have consented to the provisions of
14this Section as a condition of coverage, and all participants
15entering service subsequent to the effective date of this
16amendatory Act of the 100th General Assembly shall be deemed
17to have consented to the provisions of this amendatory Act as a
18condition of participation.
19(Source: P.A. 100-334, eff. 8-25-17.)
20 (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
21 Sec. 8-251. Felony conviction. None of the benefits
22provided for in this Article shall be paid to any person who is
23convicted of any felony relating to or arising out of or in
24connection with his service as a municipal employee.
25 None of the benefits provided for in this Article shall be

HB4820- 10 -LRB103 37943 RPS 68075 b
1paid to any person who otherwise would receive a survivor
2benefit who is convicted of any felony relating to or arising
3out of or in connection with the service of the employee from
4whom the benefit results.
5 The forfeiture of benefits under this Section applies
6immediately after the felony conviction is entered,
7notwithstanding whether the person has been sentenced for that
8felony. This paragraph applies to felony convictions entered
9on or after the effective date of this amendatory Act of the
10103rd General Assembly.
11 This Section shall not operate to impair any contract or
12vested right heretofore acquired under any law or laws
13continued in this Article, nor to preclude the right to a
14refund, and for the changes under Public Act 100-334, shall
15not impair any contract or vested right acquired by a survivor
16prior to August 25, 2017 (the effective date of Public Act
17100-334).
18 Any refund required under this Article shall be calculated
19based on that person's contributions to the Fund, less the
20amount of any annuity benefit previously received by the
21person or his or her beneficiaries. The changes made to this
22Section by Public Act 100-23 apply only to persons who first
23become participants under this Article on or after July 6,
242017 (the effective date of Public Act 100-23).
25 All future entrants entering service subsequent to July
2611, 1955 shall be deemed to have consented to the provisions of

HB4820- 11 -LRB103 37943 RPS 68075 b
1this Section as a condition of coverage, and all participants
2entering service subsequent to August 25, 2017 (the effective
3date of Public Act 100-334) shall be deemed to have consented
4to the provisions of Public Act 100-334 as a condition of
5participation.
6(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
7100-863, eff. 8-14-18.)
8 (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
9 Sec. 9-235. Felony conviction. None of the benefits
10provided in this Article shall be paid to any person who is
11convicted of any felony relating to or arising out of or in
12connection with his service as an employee.
13 None of the benefits provided for in this Article shall be
14paid to any person who otherwise would receive a survivor
15benefit who is convicted of any felony relating to or arising
16out of or in connection with the service of the employee from
17whom the benefit results.
18 The forfeiture of benefits under this Section applies
19immediately after the felony conviction is entered,
20notwithstanding whether the person has been sentenced for that
21felony. This paragraph applies to felony convictions entered
22on or after the effective date of this amendatory Act of the
23103rd General Assembly.
24 This Section shall not operate to impair any contract or
25vested right heretofore acquired under any law or laws

HB4820- 12 -LRB103 37943 RPS 68075 b
1continued in this Article, nor to preclude the right to a
2refund, and for the changes under this amendatory Act of the
3100th General Assembly, shall not impair any contract or
4vested right acquired by a survivor prior to the effective
5date of this amendatory Act of the 100th General Assembly.
6 All future entrants entering service after July 11, 1955,
7shall be deemed to have consented to the provisions of this
8section as a condition of coverage, and all participants
9entering service subsequent to the effective date of this
10amendatory Act of the 100th General Assembly shall be deemed
11to have consented to the provisions of this amendatory Act as a
12condition of participation.
13(Source: P.A. 100-334, eff. 8-25-17.)
14 (40 ILCS 5/10-109)
15 Sec. 10-109. Felony conviction. None of the benefits
16provided in this Article shall be paid to any person who is
17convicted of any felony relating to or arising out of or in
18connection with his service as an employee.
19 None of the benefits provided for in this Article shall be
20paid to any person who otherwise would receive a survivor
21benefit who is convicted of any felony relating to or arising
22out of or in connection with the service of the employee from
23whom the benefit results.
24 The forfeiture of benefits under this Section applies
25immediately after the felony conviction is entered,

HB4820- 13 -LRB103 37943 RPS 68075 b
1notwithstanding whether the person has been sentenced for that
2felony. This paragraph applies to felony convictions entered
3on or after the effective date of this amendatory Act of the
4103rd General Assembly.
5 This Section shall not operate to impair any contract or
6vested right heretofore acquired under any law or laws
7continued in this Article, nor to preclude the right to a
8refund, and for the changes under this amendatory Act of the
9100th General Assembly, shall not impair any contract or
10vested right acquired by a survivor prior to the effective
11date of this amendatory Act of the 100th General Assembly.
12 All future entrants entering service after the effective
13date of this amendatory Act of the 95th General Assembly shall
14be deemed to have consented to the provisions of this Section
15as a condition of coverage, and all participants entering
16service subsequent to the effective date of this amendatory
17Act of the 100th General Assembly shall be deemed to have
18consented to the provisions of this amendatory Act as a
19condition of participation.
20(Source: P.A. 100-334, eff. 8-25-17.)
21 (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
22 Sec. 11-230. Felony conviction. None of the benefits
23provided in this Article shall be paid to any person who is
24convicted of any felony relating to or arising out of or in
25connection with his service as employee.

HB4820- 14 -LRB103 37943 RPS 68075 b
1 None of the benefits provided for in this Article shall be
2paid to any person who otherwise would receive a survivor
3benefit who is convicted of any felony relating to or arising
4out of or in connection with the service of the employee from
5whom the benefit results.
6 The forfeiture of benefits under this Section applies
7immediately after the felony conviction is entered,
8notwithstanding whether the person has been sentenced for that
9felony. This paragraph applies to felony convictions entered
10on or after the effective date of this amendatory Act of the
11103rd General Assembly.
12 This Section shall not operate to impair any contract or
13vested right heretofore acquired under any law or laws
14continued in this Article, nor to preclude the right to a
15refund, and for the changes under Public Act 100-334, shall
16not impair any contract or vested right acquired by a survivor
17prior to August 25, 2017 (the effective date of Public Act
18100-334).
19 Any refund required under this Article shall be calculated
20based on that person's contributions to the Fund, less the
21amount of any annuity benefit previously received by the
22person or his or beneficiaries. The changes made to this
23Section by Public Act 100-23 apply only to persons who first
24become members or participants under this Article on or after
25July 6, 2017 (the effective date of Public Act 100-23).
26 All future entrants entering service after July 11, 1955,

HB4820- 15 -LRB103 37943 RPS 68075 b
1shall be deemed to have consented to the provisions of this
2Section as a condition of coverage, and all participants
3entering service subsequent to August 25, 2017 (the effective
4date of Public Act 100-334) shall be deemed to have consented
5to the provisions of Public Act 100-334 as a condition of
6participation.
7(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
8100-863, eff. 8-14-18.)
9 (40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
10 Sec. 12-191. Felony conviction. None of the benefits
11provided for in this Article shall be paid to any person who is
12convicted of any felony relating to or arising out of or in
13connection with his service as an employee.
14 None of the benefits provided for in this Article shall be
15paid to any person who otherwise would receive a survivor
16benefit who is convicted of any felony relating to or arising
17out of or in connection with the service of the employee from
18whom the benefit results.
19 The forfeiture of benefits under this Section applies
20immediately after the felony conviction is entered,
21notwithstanding whether the person has been sentenced for that
22felony. This paragraph applies to felony convictions entered
23on or after the effective date of this amendatory Act of the
24103rd General Assembly.
25 This Section shall not operate to impair any contract or

HB4820- 16 -LRB103 37943 RPS 68075 b
1vested right heretofore acquired under any law or laws
2continued in this Article, nor to preclude the right to a
3refund, and for the changes under this amendatory Act of the
4100th General Assembly, shall not impair any contract or
5vested right acquired by a survivor prior to the effective
6date of this amendatory Act of the 100th General Assembly.
7 All future entrants entering service subsequent to July
811, 1955 shall be deemed to have consented to the provisions of
9this section as a condition of coverage, and all participants
10entering service subsequent to the effective date of this
11amendatory Act of the 100th General Assembly shall be deemed
12to have consented to the provisions of this amendatory Act as a
13condition of participation.
14(Source: P.A. 100-334, eff. 8-25-17.)
15 (40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)
16 Sec. 13-807. Felony conviction. None of the benefits
17provided in this Article shall be paid to any person who is
18convicted of any felony relating to or arising out of or in
19connection with service as an employee.
20 None of the benefits provided for in this Article shall be
21paid to any person who otherwise would receive a survivor
22benefit who is convicted of any felony relating to or arising
23out of or in connection with the service of the employee from
24whom the benefit results.
25 The forfeiture of benefits under this Section applies

HB4820- 17 -LRB103 37943 RPS 68075 b
1immediately after the felony conviction is entered,
2notwithstanding whether the person has been sentenced for that
3felony. This paragraph applies to felony convictions entered
4on or after the effective date of this amendatory Act of the
5103rd General Assembly.
6 This Section shall not operate to impair any contract or
7vested right heretofore acquired under any law or laws
8continued in this Article, nor to preclude the right to a
9refund, and for the changes under this amendatory Act of the
10100th General Assembly, shall not impair any contract or
11vested right acquired by a survivor prior to the effective
12date of this amendatory Act of the 100th General Assembly.
13 All persons entering service subsequent to July 11, 1955
14shall be deemed to have consented to the provisions of this
15Section as a condition of coverage, and all participants
16entering service subsequent to the effective date of this
17amendatory Act of the 100th General Assembly shall be deemed
18to have consented to the provisions of this amendatory Act as a
19condition of participation.
20(Source: P.A. 100-334, eff. 8-25-17.)
21 (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
22 Sec. 14-149. Felony conviction. None of the benefits
23herein provided for shall be paid to any person who is
24convicted of any felony relating to or arising out of or in
25connection with his service as an employee.

HB4820- 18 -LRB103 37943 RPS 68075 b
1 None of the benefits provided for in this Article shall be
2paid to any person who otherwise would receive a survivor
3benefit who is convicted of any felony relating to or arising
4out of or in connection with the service of the employee from
5whom the benefit results.
6 The forfeiture of benefits under this Section applies
7immediately after the felony conviction is entered,
8notwithstanding whether the person has been sentenced for that
9felony. This paragraph applies to felony convictions entered
10on or after the effective date of this amendatory Act of the
11103rd General Assembly.
12 This Section shall not operate to impair any contract or
13vested right heretofore acquired under any law or laws
14continued in this Article nor to preclude the right to a
15refund, and for the changes under this amendatory Act of the
16100th General Assembly, shall not impair any contract or
17vested right acquired by a survivor prior to the effective
18date of this amendatory Act of the 100th General Assembly.
19 All future entrants entering service subsequent to July 9,
201955 shall be deemed to have consented to the provisions of
21this section as a condition of coverage, and all participants
22entering service subsequent to the effective date of this
23amendatory Act of the 100th General Assembly shall be deemed
24to have consented to the provisions of this amendatory Act as a
25condition of participation.
26(Source: P.A. 100-334, eff. 8-25-17.)

HB4820- 19 -LRB103 37943 RPS 68075 b
1 (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
2 Sec. 15-187. Felony conviction. None of the benefits
3provided under this Article shall be paid to any person who is
4convicted of any felony relating to or arising out of or in
5connection with a person's service as an employee from which
6the benefit derives.
7 The forfeiture of benefits under this Section applies
8immediately after the felony conviction is entered,
9notwithstanding whether the person has been sentenced for that
10felony. This paragraph applies to felony convictions entered
11on or after the effective date of this amendatory Act of the
12103rd General Assembly.
13 This Section shall not operate to impair any contract or
14vested right heretofore acquired under any law or laws
15continued in this Article, nor to preclude the right to a
16refund. The changes made to this Section by this amendatory
17Act of the 100th General Assembly shall not impair any
18contract or vested right acquired prior to the effective date
19of this amendatory Act of the 100th General Assembly. No
20refund paid to any person who is convicted of a felony relating
21to or arising out of or in connection with the person's service
22as an employee shall include employer contributions or
23interest or, in the case of the self-managed plan authorized
24under Section 15-158.2, any employer contributions or
25investment return on such employer contributions.

HB4820- 20 -LRB103 37943 RPS 68075 b
1 All persons entering service subsequent to July 9, 1955
2shall be deemed to have consented to the provisions of this
3Section as a condition of coverage, and all participants
4entering service on or subsequent to the effective date of
5this amendatory Act of the 100th General Assembly shall be
6deemed to have consented to the provisions of this amendatory
7Act as a condition of participation.
8(Source: P.A. 100-334, eff. 8-25-17.)
9 (40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)
10 Sec. 16-199. Felony conviction. None of the benefits
11provided for in this Article shall be paid to any person who is
12convicted of any felony relating to or arising out of or in
13connection with his or her service as a teacher.
14 None of the benefits provided for in this Article shall be
15paid to any person who otherwise would receive a survivor
16benefit who is convicted of any felony relating to or arising
17out of or in connection with the service of the teacher from
18whom the benefit results.
19 The forfeiture of benefits under this Section applies
20immediately after the felony conviction is entered,
21notwithstanding whether the person has been sentenced for that
22felony. This paragraph applies to felony convictions entered
23on or after the effective date of this amendatory Act of the
24103rd General Assembly.
25 This Section shall not operate to impair any contract or

HB4820- 21 -LRB103 37943 RPS 68075 b
1vested right acquired prior to July 9, 1955 under any law or
2laws continued in this Article, nor to preclude the right to a
3refund, and for the changes under this amendatory Act of the
4100th General Assembly, shall not impair any contract or
5vested right acquired by a survivor prior to the effective
6date of this amendatory Act of the 100th General Assembly. The
7System may sue any such person to collect all moneys paid in
8excess of refundable contributions.
9 All teachers entering or re-entering service after July 9,
101955 shall be deemed to have consented to the provisions of
11this Section as a condition of membership, and all
12participants entering service subsequent to the effective date
13of this amendatory Act of the 100th General Assembly shall be
14deemed to have consented to the provisions of this amendatory
15Act as a condition of participation.
16(Source: P.A. 100-334, eff. 8-25-17.)
17 (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
18 Sec. 17-149.1. Felony conviction. None of the benefits
19provided for in this Article shall be paid to any person who is
20convicted of any felony relating to or arising out of or in
21connection with his or her service as a teacher.
22 None of the benefits provided for in this Article shall be
23paid to any person who otherwise would receive a survivor
24benefit who is convicted of any felony relating to or arising
25out of or in connection with the service of the teacher from

HB4820- 22 -LRB103 37943 RPS 68075 b
1whom the benefit results.
2 The forfeiture of benefits under this Section applies
3immediately after the felony conviction is entered,
4notwithstanding whether the person has been sentenced for that
5felony. This paragraph applies to felony convictions entered
6on or after the effective date of this amendatory Act of the
7103rd General Assembly.
8 This Section shall not operate to impair any contract or
9vested right acquired prior to January 1, 1988, nor to
10preclude the right to a refund, and for the changes under this
11amendatory Act of the 100th General Assembly, shall not impair
12any contract or vested right acquired by a survivor prior to
13the effective date of this amendatory Act of the 100th General
14Assembly.
15 All teachers entering service after January 1, 1988 shall
16be deemed to have consented to the provisions of this Section
17as a condition of membership, and all participants entering
18service subsequent to the effective date of this amendatory
19Act of the 100th General Assembly shall be deemed to have
20consented to the provisions of this amendatory Act as a
21condition of participation.
22(Source: P.A. 100-334, eff. 8-25-17.)
23 (40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
24 Sec. 18-163. Felony conviction. None of the benefits
25herein provided shall be paid to any person who is convicted of

HB4820- 23 -LRB103 37943 RPS 68075 b
1any felony relating to or arising out of or in connection with
2his or her service as a judge.
3 None of the benefits provided for in this Article shall be
4paid to any person who otherwise would receive a survivor
5benefit who is convicted of any felony relating to or arising
6out of or in connection with the service of the judge from whom
7the benefit results.
8 The forfeiture of benefits under this Section applies
9immediately after the felony conviction is entered,
10notwithstanding whether the person has been sentenced for that
11felony. This paragraph applies to felony convictions entered
12on or after the effective date of this amendatory Act of the
13103rd General Assembly.
14 This Section shall not operate to impair any contract or
15vested right acquired before July 9, 1955 under any law or laws
16continued in this Article, nor to preclude the right to a
17refund, and for the changes under this amendatory Act of the
18100th General Assembly, shall not impair any contract or
19vested right acquired by a survivor prior to the effective
20date of this amendatory Act of the 100th General Assembly.
21 All participants entering service subsequent to July 9,
221955 are deemed to have consented to the provisions of this
23Section as a condition of participation, and all participants
24entering service subsequent to the effective date of this
25amendatory Act of the 100th General Assembly shall be deemed
26to have consented to the provisions of this amendatory Act as a

HB4820- 24 -LRB103 37943 RPS 68075 b
feedback