| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning public employee benefits.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Illinois Pension Code is amended by adding | ||||||
| 5 | Section 1-136 as follows:
| ||||||
| 6 | (40 ILCS 5/1-136 new) | ||||||
| 7 | Sec. 1-136. Public corruption and other disqualifying | ||||||
| 8 | felony convictions. | ||||||
| 9 | (a) If a member or participant of a pension fund or | ||||||
| 10 | retirement system established under this Code is convicted of, | ||||||
| 11 | or pleads guilty to, a job-related felony, including, but not | ||||||
| 12 | limited to, violating paragraph (6) of subsection (a) of | ||||||
| 13 | Section 12-6, subsection (a) of Section 33-1, Section 33-3, | ||||||
| 14 | subsection (a) of Section 33E-7, or subsection (d) of Section | ||||||
| 15 | 17-10.3 of the Criminal Code of 2012, or is sentenced for theft | ||||||
| 16 | of governmental property under paragraph (4.1), (5.1), or (6.1) | ||||||
| 17 | of subsection (b) of Section 16-1 of the Criminal Code of 2012, | ||||||
| 18 | then none of the benefits that are provided under this Code and | ||||||
| 19 | that are attributable to the service of that person shall be | ||||||
| 20 | paid. | ||||||
| 21 | (b) If a member or participant of a pension fund or
| ||||||
| 22 | retirement system established under this Code is receiving an
| ||||||
| 23 | annuity or pension from a pension fund or retirement system
| ||||||
| |||||||
| |||||||
| 1 | established under this Code and is convicted of, or pleads | ||||||
| 2 | guilty to, a Class X or a Class 1 felony, other than a felony | ||||||
| 3 | requiring the forfeiture of that annuity or pension under | ||||||
| 4 | subsection (a) of this Section or any other provision of this | ||||||
| 5 | Code, then the board of trustees of that fund or system shall | ||||||
| 6 | suspend the payment of the annuity or pension for the duration | ||||||
| 7 | of that member's or participant's incarceration for that | ||||||
| 8 | offense. Upon completion of the term of incarceration for that | ||||||
| 9 | offense, the member or participant may seek reinstatement of | ||||||
| 10 | his or her annuity or pension by filing a request for | ||||||
| 11 | reinstatement of benefits with the applicable pension fund or | ||||||
| 12 | retirement system in the manner prescribed by that fund or | ||||||
| 13 | system. | ||||||
| 14 | (c) A person who forfeits his or her benefits under this | ||||||
| 15 | Section is entitled to a refund of his or her employee | ||||||
| 16 | contributions only if a refund of those contributions is | ||||||
| 17 | necessary in order for the pension fund or retirement system to | ||||||
| 18 | maintain qualified plan status under the federal Internal | ||||||
| 19 | Revenue Code of 1986. | ||||||
| 20 | (d) This Section applies without regard to whether the | ||||||
| 21 | member or participant is in service on or after the effective | ||||||
| 22 | date of this amendatory Act of the 98th General Assembly.
| ||||||