Bill Text: IL HB5816 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Pension Code. Provides that if a member or participant of a pension fund or retirement system established under the Code is convicted of, or pleads guilty to, intimidation by a public official, bribery, official misconduct, engaging in kickbacks, fraudulently obtaining public moneys reserved for a disadvantaged business enterprise, or certain theft offenses, then none of the benefits that are provided for under the Code and that are attributable to the service of that person shall be paid. Provides that if a member or participant of a pension fund or retirement system established under the Code is receiving an annuity or pension from a pension fund or retirement system established under the Code and is convicted of, or pleads guilty to, a felony (other than intimidation by a public official, bribery, official misconduct, engaging in kickbacks, fraudulently obtaining public moneys reserved for a disadvantaged business enterprise, certain theft offenses, or any other felony requiring the forfeiture of that annuity or pension under the Code), then the board of trustees of that fund or system shall suspend the payment of that annuity or pension during that individual's incarceration for that offense. Provides that, upon completion of the term of incarceration for that offense, the member or participant may seek reinstatement of his or her annuity or pension by filing a request for reinstatement of benefits with the applicable pension fund or retirement system in the manner prescribed by the applicable fund or system.

Spectrum: Bipartisan Bill

Status: (Failed) 2014-12-03 - Session Sine Die [HB5816 Detail]

Download: Illinois-2013-HB5816-Amended.html

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Rep. Darlene J. Senger

Filed: 4/7/2014

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AMENDMENT TO HOUSE BILL 5816
AMENDMENT NO. ______. Amend House Bill 5816 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Pension Code is amended by adding
Section 1-136 as follows:
(40 ILCS 5/1-136 new)
Sec. 1-136. Public corruption and other disqualifying
felony convictions.
(a) If a member or participant of a pension fund or
retirement system established under this Code is convicted of,
or pleads guilty to, a job-related felony, including, but not
limited to, violating paragraph (6) of subsection (a) of
Section 12-6, subsection (a) of Section 33-1, Section 33-3,
subsection (a) of Section 33E-7, or subsection (d) of Section
17-10.3 of the Criminal Code of 2012, or is sentenced for theft
of governmental property under paragraph (4.1), (5.1), or (6.1)

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of subsection (b) of Section 16-1 of the Criminal Code of 2012,
then none of the benefits that are provided under this Code and
that are attributable to the service of that person shall be
paid.
(b) If a member or participant of a pension fund or
retirement system established under this Code is receiving an
annuity or pension from a pension fund or retirement system
established under this Code and is convicted of, or pleads
guilty to, a Class X or a Class 1 felony, other than a felony
requiring the forfeiture of that annuity or pension under
subsection (a) of this Section or any other provision of this
Code, then the board of trustees of that fund or system shall
suspend the payment of the annuity or pension for the duration
of that member's or participant's incarceration for that
offense. Upon completion of the term of incarceration for that
offense, the member or participant may seek reinstatement of
his or her annuity or pension by filing a request for
reinstatement of benefits with the applicable pension fund or
retirement system in the manner prescribed by that fund or
system.
(c) A person who forfeits his or her benefits under this
Section is entitled to a refund of his or her employee
contributions only if a refund of those contributions is
necessary in order for the pension fund or retirement system to
maintain qualified plan status under the federal Internal
Revenue Code of 1986.

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(d) This Section applies without regard to whether the
member or participant is in service on or after the effective
date of this amendatory Act of the 98th General Assembly.".