Bill Text: IL HB4999 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Downstate Police and Chicago Police Articles of the Illinois Pension Code. Provides that for a person who first becomes a police officer on or after the effective date of the amendatory Act, none of the benefits provided in those Articles shall be paid to any person who is convicted of any felony (instead of any felony relating to or arising out of or in connection with his or her service as a police officer). Provides that none of the benefits provided for in those Articles shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony (instead of any felony relating to or arising out of or in connection with his or her service as a police officer) if the benefit results from the service of a police officer who first becomes a police officer on or after the effective date of the amendatory Act. Makes conforming and other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4999 Detail]

Download: Illinois-2019-HB4999-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4999 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
40 ILCS 5/3-147 from Ch. 108 1/2, par. 3-147
40 ILCS 5/5-227 from Ch. 108 1/2, par. 5-227
Amends the Downstate Police and Chicago Police Articles of the Illinois Pension Code. Provides that for a person who first becomes a police officer on or after the effective date of the amendatory Act, none of the benefits provided in those Articles shall be paid to any person who is convicted of any felony (instead of any felony relating to or arising out of or in connection with his or her service as a police officer). Provides that none of the benefits provided for in those Articles shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony (instead of any felony relating to or arising out of or in connection with his or her service as a police officer) if the benefit results from the service of a police officer who first becomes a police officer on or after the effective date of the amendatory Act. Makes conforming and other changes. Effective immediately.
LRB101 15979 RPS 65340 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB4999 LRB101 15979 RPS 65340 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 3-147 and 5-227 as follows:
(40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
Sec. 3-147. Felony conviction. For a person who first
became a police officer before the effective date of this
amendatory Act of the 101st General Assembly, none None of the
benefits provided 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 or her service as a police officer. For
a person who first becomes a police officer on or after the
effective date of this amendatory Act of the 101st General
Assembly, none of the benefits provided in this Article shall
be paid to any person who is convicted of any felony.
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 police officer
from whom the benefit results if that police officer first
became a police officer before the effective date of this
amendatory Act of the 101st General Assembly. None of the

HB4999 - 2 - LRB101 15979 RPS 65340 b
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 if the benefit results from the service
of a police officer who first becomes a police officer on or
after the effective date of this amendatory Act of the 101st
General Assembly.
This Section shall not impair any contract or vested right
acquired prior to July 11, 1955 under any law continued in this
Article, nor 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. The changes made
by this amendatory Act of the 101st 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 101st
General Assembly.
All persons entering service subsequent to July 11, 1955
are 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. All persons entering service after the
effective date of this amendatory Act of the 101st General
Assembly shall be deemed to have consented to the provisions of

HB4999 - 3 - LRB101 15979 RPS 65340 b
this amendatory Act of the 101st General Assembly as a
condition of participation.
(Source: P.A. 100-334, eff. 8-25-17.)
(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
Sec. 5-227. Felony conviction. For a person who first
became a policeman before the effective date of this amendatory
Act of the 101st General Assembly, none 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. For a person who
first becomes a policeman on or after the effective date of
this amendatory Act of the 101st General Assembly, none of the
benefits provided in this Article shall be paid to any person
who is convicted of any felony.
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 if that policeman first became a
policeman before the effective date of this amendatory Act of
the 101st General Assembly. 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 if
the benefit results from the service of a policeman who first
becomes a policeman on or after the effective date of this

HB4999 - 4 - LRB101 15979 RPS 65340 b
amendatory Act of the 101st General Assembly.
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.
For a person who first became a policeman before the
effective date of this amendatory Act of the 101st General
Assembly, none 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.
For a person who first became a policeman before the
effective date of this amendatory Act of the 101st General
Assembly, a 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.
For a person who first becomes a policeman on or after the
effective date of this amendatory Act of the 101st General
Assembly, a person who intentionally and unjustifiably causes

HB4999 - 5 - LRB101 15979 RPS 65340 b
delay in proceedings in which the person is ultimately
convicted of a felony shall not be entitled to any benefits
provided for in this Article on and after the filing date of
the related indictment or charges.
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. The changes
made by this amendatory Act of the 101st 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 101st
General Assembly.
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

HB4999 - 6 - LRB101 15979 RPS 65340 b
have consented to the provisions of this amendatory Act as a
condition of participation. All persons entering service after
the effective date of this amendatory Act of the 101st General
Assembly shall be deemed to have consented to the provisions of
this amendatory Act of the 101st General Assembly as a
condition of participation.
(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.