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

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-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5816 Introduced , by Rep. Darlene J. Senger SYNOPSIS AS INTRODUCED:
40 ILCS 5/1-136 new
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.
LRB098 15892 EFG 50937 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB5816 LRB098 15892 EFG 50937 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 adding
Section 1-136 as follows:
(40 ILCS 5/1-136 new)
Sec. 1-136. Public corruption and other qualifying 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, 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)
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

HB5816 - 2 - LRB098 15892 EFG 50937 b
guilty to, a 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
individual'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 to whom this Section applies is entitled to a
refund of his or her unused employee contributions to the
extent that the 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.
(d) This Section applies without regard to whether the
member or participant is in active service on or after the
effective date of this amendatory Act of the 98th General
Assembly.