Bill Text: IL HB6286 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the General Assembly, Downstate Police, Downstate Firefighters, Chicago Police, Chicago Firefighters, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, Cook County Forest Preserve, Chicago Laborers, Chicago Park District, Metropolitan Water Reclamation District, State Employees, State Universities, Downstate Teachers, Chicago Teachers, and Judges Articles of the Illinois Pension Code. Provides that in any matter involving a question of whether pension benefits should be terminated because of a felony, the board of the fund or system shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding. Provides that the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony and may seek judicial review of the board's decision not to terminate benefits because of a felony conviction. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB6286 Detail]
Download: Illinois-2013-HB6286-Introduced.html
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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 5-189, 6-185, 8-203, 9-196, 11-192, 12-162, and 13-706 | ||||||||||||||||||||||||
6 | and by adding Sections 2-156.5, 3-147.5, 4-138.2, 7-219.5, | ||||||||||||||||||||||||
7 | 10-109.5, 14-149.5, 15-187.5, 16-199.5, 17-149.2, and 18-163.5 | ||||||||||||||||||||||||
8 | as follows:
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9 | (40 ILCS 5/2-156.5 new) | ||||||||||||||||||||||||
10 | Sec. 2-156.5. Felony forfeiture proceedings. In any matter | ||||||||||||||||||||||||
11 | involving a question of whether benefits under this Article | ||||||||||||||||||||||||
12 | should be terminated because of a felony conviction, the Board | ||||||||||||||||||||||||
13 | shall make the Attorney General and the State's Attorney of the | ||||||||||||||||||||||||
14 | county in which the felony occurred parties to the proceeding; | ||||||||||||||||||||||||
15 | the Attorney General or the State's Attorney may contest the | ||||||||||||||||||||||||
16 | eligibility of the person convicted of the felony, and the | ||||||||||||||||||||||||
17 | Attorney General or the State's Attorney may seek judicial | ||||||||||||||||||||||||
18 | review of the Board's decision not to terminate benefits under | ||||||||||||||||||||||||
19 | this Article because of a felony conviction.
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20 | (40 ILCS 5/3-147.5 new) | ||||||||||||||||||||||||
21 | Sec. 3-147.5. Felony forfeiture proceedings. In any matter | ||||||||||||||||||||||||
22 | involving a question of whether benefits under this Article |
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1 | should be terminated because of a felony conviction, the board | ||||||
2 | shall make the Attorney General and the State's Attorney of the | ||||||
3 | county in which the felony occurred parties to the proceeding; | ||||||
4 | the Attorney General or the State's Attorney may contest the | ||||||
5 | eligibility of the person convicted of the felony, and the | ||||||
6 | Attorney General or the State's Attorney may seek judicial | ||||||
7 | review of the board's decision not to terminate benefits under | ||||||
8 | this Article because of a felony conviction.
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9 | (40 ILCS 5/4-138.2 new) | ||||||
10 | Sec. 4-138.2. Felony forfeiture proceedings. In any matter | ||||||
11 | involving a question of whether benefits under this Article | ||||||
12 | should be terminated because of a felony conviction, the board | ||||||
13 | shall make the Attorney General and the State's Attorney of the | ||||||
14 | county in which the felony occurred parties to the proceeding; | ||||||
15 | the Attorney General or the State's Attorney may contest the | ||||||
16 | eligibility of the person convicted of the felony, and the | ||||||
17 | Attorney General or the State's Attorney may seek judicial | ||||||
18 | review of the board's decision not to terminate benefits under | ||||||
19 | this Article because of a felony conviction.
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20 | (40 ILCS 5/5-189) (from Ch. 108 1/2, par. 5-189)
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21 | Sec. 5-189. To authorize payments. To authorize the payment | ||||||
22 | of any annuity, pension, or benefit granted
under this Article | ||||||
23 | or under any other Act relating to police pensions,
heretofore | ||||||
24 | in effect in the city which has been superseded by this |
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1 | Article;
to increase, reduce, or suspend any such annuity, | ||||||
2 | pension, or benefit
whenever any part thereof was secured or | ||||||
3 | granted or the amount thereof
fixed, as the result of | ||||||
4 | misrepresentation, fraud, or error; provided, the
annuitant, | ||||||
5 | pensioner or beneficiary concerned shall be notified and given
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6 | an opportunity to be heard concerning such proposed action.
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7 | The Board shall have exclusive original jurisdiction in all | ||||||
8 | matters
relating to or affecting the fund, including, in | ||||||
9 | addition to all other
matters, all claims for annuities, | ||||||
10 | pensions, benefits or refunds. However, in any matter involving | ||||||
11 | a question of whether benefits under this Article should be | ||||||
12 | terminated because of a felony conviction, the Board shall make | ||||||
13 | the Attorney General and the State's Attorney of the county in | ||||||
14 | which the felony occurred parties to the proceeding; the | ||||||
15 | Attorney General or the State's Attorney may contest the | ||||||
16 | eligibility of the person convicted of the felony, and the | ||||||
17 | Attorney General or the State's Attorney may seek judicial | ||||||
18 | review of the Board's decision not to terminate benefits under | ||||||
19 | this Article because of a felony conviction.
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20 | (Source: P.A. 77-2141.)
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21 | (40 ILCS 5/6-185) (from Ch. 108 1/2, par. 6-185)
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22 | Sec. 6-185. To authorize payments. To authorize the payment | ||||||
23 | of any annuity, pension or benefit granted
under this Article, | ||||||
24 | or under any other Act relating to firemen's pensions,
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25 | heretofore in effect in the city which has been superseded by |
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1 | this Article;
to increase, reduce, or suspend any such annuity, | ||||||
2 | pension, or benefit
whenever any part thereof was secured or | ||||||
3 | granted, or the amount thereof
fixed, as the result of | ||||||
4 | misrepresentation, fraud, or error; provided, that
the | ||||||
5 | annuitant, pensioner, or beneficiary concerned shall be | ||||||
6 | notified and
given an opportunity to be heard concerning such | ||||||
7 | proposed action. The board
shall have exclusive original | ||||||
8 | jurisdiction in all matters relating to or
affecting the fund, | ||||||
9 | including, in addition to all other matters, all claims
for | ||||||
10 | annuities, benefits, refunds or pensions. However, in any | ||||||
11 | matter involving a question of whether benefits under this | ||||||
12 | Article should be terminated because of a felony conviction, | ||||||
13 | the board shall make the Attorney General and the State's | ||||||
14 | Attorney of the county in which the felony occurred parties to | ||||||
15 | the proceeding; the Attorney General or the State's Attorney | ||||||
16 | may contest the eligibility of the person convicted of the | ||||||
17 | felony, and the Attorney General or the State's Attorney may | ||||||
18 | seek judicial review of the board's decision not to terminate | ||||||
19 | benefits under this Article because of a felony conviction.
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20 | (Source: Laws 1963, p. 161.)
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21 | (40 ILCS 5/7-219.5 new) | ||||||
22 | Sec. 7-219.5. Felony forfeiture proceedings. In any matter | ||||||
23 | involving a question of whether benefits under this Article | ||||||
24 | should be terminated because of a felony conviction, the Board | ||||||
25 | shall make the Attorney General and the State's Attorney of the |
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1 | county in which the felony occurred parties to the proceeding; | ||||||
2 | the Attorney General or the State's Attorney may contest the | ||||||
3 | eligibility of the person convicted of the felony, and the | ||||||
4 | Attorney General or the State's Attorney may seek judicial | ||||||
5 | review of the Board's decision not to terminate benefits under | ||||||
6 | this Article because of a felony conviction.
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7 | (40 ILCS 5/8-203) (from Ch. 108 1/2, par. 8-203)
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8 | Sec. 8-203. To authorize payments. To authorize or suspend | ||||||
9 | the payment of any annuity or benefit in
accordance with this | ||||||
10 | Article. The board shall have exclusive original
jurisdiction | ||||||
11 | in all matters relating to the fund, including, in addition to
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12 | all other matters, all claims for annuities, pensions, benefits | ||||||
13 | or refunds. However, in any matter involving a question of | ||||||
14 | whether benefits under this Article should be terminated | ||||||
15 | because of a felony conviction, the board shall make the | ||||||
16 | Attorney General and the State's Attorney of the county in | ||||||
17 | which the felony occurred parties to the proceeding; the | ||||||
18 | Attorney General or the State's Attorney may contest the | ||||||
19 | eligibility of the person convicted of the felony, and the | ||||||
20 | Attorney General or the State's Attorney may seek judicial | ||||||
21 | review of the board's decision not to terminate benefits under | ||||||
22 | this Article because of a felony conviction.
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23 | (Source: Laws 1963, p. 161.)
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24 | (40 ILCS 5/9-196) (from Ch. 108 1/2, par. 9-196)
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1 | Sec. 9-196. To authorize payments. To authorize or suspend | ||||||
2 | the payment of any annuity or benefit in
accordance with this | ||||||
3 | Article. The board shall have exclusive original
jurisdiction | ||||||
4 | in all matters relating to the fund, including, in addition to
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5 | all other matters, all claims for annuities, pensions, benefits | ||||||
6 | or refunds. However, in any matter involving a question of | ||||||
7 | whether benefits under this Article should be terminated | ||||||
8 | because of a felony conviction, the board shall make the | ||||||
9 | Attorney General and the State's Attorney of the county in | ||||||
10 | which the felony occurred parties to the proceeding; the | ||||||
11 | Attorney General or the State's Attorney may contest the | ||||||
12 | eligibility of the person convicted of the felony, and the | ||||||
13 | Attorney General or the State's Attorney may seek judicial | ||||||
14 | review of the board's decision not to terminate benefits under | ||||||
15 | this Article because of a felony conviction.
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16 | (Source: Laws 1963, p. 161.)
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17 | (40 ILCS 5/10-109.5 new) | ||||||
18 | Sec. 10-109.5. Felony forfeiture proceedings. In any | ||||||
19 | matter involving a question of whether benefits under this | ||||||
20 | Article should be terminated because of a felony conviction, | ||||||
21 | the board shall make the Attorney General and the State's | ||||||
22 | Attorney of the county in which the felony occurred parties to | ||||||
23 | the proceeding; the Attorney General or the State's Attorney | ||||||
24 | may contest the eligibility of the person convicted of the | ||||||
25 | felony, and the Attorney General or the State's Attorney may |
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1 | seek judicial review of the board's decision not to terminate | ||||||
2 | benefits under this Article because of a felony conviction.
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3 | (40 ILCS 5/11-192) (from Ch. 108 1/2, par. 11-192)
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4 | Sec. 11-192. To authorize payments. To authorize or suspend | ||||||
5 | the payment of any annuity or benefit in
accordance with this | ||||||
6 | Article. The board shall have exclusive original
jurisdiction | ||||||
7 | in all matters relating to or affecting the fund, including,
in | ||||||
8 | addition to all other matters, all claims for annuities, | ||||||
9 | pensions,
benefits or refunds. However, in any matter involving | ||||||
10 | a question of whether benefits under this Article should be | ||||||
11 | terminated because of a felony conviction, the board shall make | ||||||
12 | the Attorney General and the State's Attorney of the county in | ||||||
13 | which the felony occurred parties to the proceeding; the | ||||||
14 | Attorney General or the State's Attorney may contest the | ||||||
15 | eligibility of the person convicted of the felony, and the | ||||||
16 | Attorney General or the State's Attorney may seek judicial | ||||||
17 | review of the board's decision not to terminate benefits under | ||||||
18 | this Article because of a felony conviction.
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19 | (Source: Laws 1963, p. 161.)
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20 | (40 ILCS 5/12-162) (from Ch. 108 1/2, par. 12-162)
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21 | Sec. 12-162. To have exclusive original jurisdiction. To | ||||||
22 | have exclusive original jurisdiction in all matters relating to | ||||||
23 | or
affecting the fund, including, in addition to all other | ||||||
24 | matters, all claims
for annuities, benefits or refunds under |
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1 | this Article. However, in any matter involving a question of | ||||||
2 | whether benefits under this Article should be terminated | ||||||
3 | because of a felony conviction, the board shall make the | ||||||
4 | Attorney General and the State's Attorney of the county in | ||||||
5 | which the felony occurred parties to the proceeding; the | ||||||
6 | Attorney General or the State's Attorney may contest the | ||||||
7 | eligibility of the person convicted of the felony, and the | ||||||
8 | Attorney General or the State's Attorney may seek judicial | ||||||
9 | review of the board's decision not to terminate benefits under | ||||||
10 | this Article because of a felony conviction.
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11 | (Source: Laws 1963, p. 161.)
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12 | (40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)
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13 | Sec. 13-706. Board powers and duties. The Board shall have | ||||||
14 | the powers and
duties set forth in this Section, in addition to | ||||||
15 | such other powers and
duties as may be provided in this Article | ||||||
16 | and in this Code:
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17 | (a) To supervise collections. To see that all amounts | ||||||
18 | specified in this
Article to be applied to the Fund, from | ||||||
19 | any source, are collected and applied.
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20 | (b) To notify of deductions. To notify the Clerk of the | ||||||
21 | Water
Reclamation District of the deductions to be made | ||||||
22 | from the salaries of
employees.
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23 | (c) To accept gifts. To accept by gift, grant, bequest | ||||||
24 | or otherwise any
money or property of any kind and use the | ||||||
25 | same for the purposes of the Fund.
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1 | (d) To invest the reserves. To invest the reserves of | ||||||
2 | the Fund in
accordance with the provisions set forth in | ||||||
3 | Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and | ||||||
4 | 1-115 of this Code. Investments made in accordance with | ||||||
5 | Section 1-113 of Article 1 of
this Code shall be deemed | ||||||
6 | prudent. The Board is also authorized to transfer | ||||||
7 | securities to the
Illinois State Board of Investment for | ||||||
8 | the purpose of participation in any
commingled investment | ||||||
9 | fund as provided in Article 22A of this Code.
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10 | (e) To authorize payments. To consider and pass upon | ||||||
11 | all applications
for annuities and benefits; to authorize | ||||||
12 | or suspend the payment of any
annuity or benefit; to | ||||||
13 | inquire into the validity and legality of any grant
of | ||||||
14 | annuity or benefit paid from or payable out of the Fund; to | ||||||
15 | increase,
reduce, or suspend any such annuity or benefit | ||||||
16 | whenever the annuity or
benefit, or any part thereof, was | ||||||
17 | secured or granted, or the amount thereof
fixed, as the | ||||||
18 | result of misrepresentation, fraud, or error. No such
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19 | annuity or benefit shall be permanently reduced or | ||||||
20 | suspended until the
affected annuitant or beneficiary is | ||||||
21 | first notified of the proposed action
and given an | ||||||
22 | opportunity to be heard. No trustee of the Board shall vote
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23 | upon that trustee's own personal claim for annuity, benefit | ||||||
24 | or refund, or
participate in the deliberations of the Board | ||||||
25 | as to the validity of any
such claim. The Board shall have | ||||||
26 | exclusive original jurisdiction in all
matters of claims |
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1 | for annuities, benefits and refunds. However, in any matter | ||||||
2 | involving a question of whether benefits under this Article | ||||||
3 | should be terminated because of a felony conviction, the | ||||||
4 | Board shall make the Attorney General and the State's | ||||||
5 | Attorney of the county in which the felony occurred parties | ||||||
6 | to the proceeding; the Attorney General or the State's | ||||||
7 | Attorney may contest the eligibility of the person | ||||||
8 | convicted of the felony, and the Attorney General or the | ||||||
9 | State's Attorney may seek judicial review of the Board's | ||||||
10 | decision not to terminate benefits under this Article | ||||||
11 | because of a felony conviction.
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12 | (f) To submit an annual report. To submit a report in | ||||||
13 | July of each year
to the Board of Commissioners of the | ||||||
14 | Water Reclamation District as of the
close of business on | ||||||
15 | December 31st of the preceding year. The report shall
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16 | include the following:
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17 | (1) A balance sheet, showing the financial and | ||||||
18 | actuarial condition of
the Fund as of the end of the | ||||||
19 | calendar year;
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20 | (2) A statement of receipts and disbursements | ||||||
21 | during such year;
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22 | (3) A statement showing changes in the asset, | ||||||
23 | liability, reserve and
surplus accounts during such | ||||||
24 | year;
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25 | (4) A detailed statement of investments as of the | ||||||
26 | end of the year; and
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1 | (5) Any additional information as is deemed | ||||||
2 | necessary for proper
interpretation of the condition | ||||||
3 | of the Fund.
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4 | (g) To subpoena witnesses. To compel witnesses to | ||||||
5 | attend and testify
before it upon any matter concerning the | ||||||
6 | Fund and allow witness fees not in
excess of $6 for | ||||||
7 | attendance upon any one day. The President and other
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8 | members of the Board may administer oaths to witnesses.
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9 | (h) To appoint employees and consultants. To appoint | ||||||
10 | such actuarial,
medical, legal, investigational, clerical | ||||||
11 | or financial employees and
consultants as are necessary, | ||||||
12 | and fix their compensation.
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13 | (i) To make rules. To make rules and regulations | ||||||
14 | necessary for the
administration of the affairs of the | ||||||
15 | Fund.
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16 | (j) To waive guardianship. To waive the requirement of | ||||||
17 | legal
guardianship of any minor unmarried beneficiary of | ||||||
18 | the Fund living with a
parent or grandparent, and legal | ||||||
19 | guardianship of any beneficiary under
legal disability | ||||||
20 | whose husband, wife, or parent is managing such
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21 | beneficiary's affairs, whenever the Board deems such | ||||||
22 | waiver to be in the
best interest of the beneficiary.
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23 | (k) To collect amounts due. To collect any amounts due | ||||||
24 | to the Fund from
any participant or beneficiary prior to | ||||||
25 | payment of any annuity, benefit or
refund.
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26 | (l) To invoke rule of offset. To offset against any |
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1 | amount payable to
an employee or to any other person such | ||||||
2 | sums as may be due to the Fund
or may have been paid by the | ||||||
3 | Fund due to misrepresentation, fraud or error.
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4 | (m) To assess and collect interest on amounts due to | ||||||
5 | the Fund using the annual rate as shall from time to time | ||||||
6 | be determined by the Board, compounded annually from the | ||||||
7 | date of notification to the date of payment.
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8 | (Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)
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9 | (40 ILCS 5/14-149.5 new) | ||||||
10 | Sec. 14-149.5. Felony forfeiture proceedings. In any | ||||||
11 | matter involving a question of whether benefits under this | ||||||
12 | Article should be terminated because of a felony conviction, | ||||||
13 | the Board shall make the Attorney General and the State's | ||||||
14 | Attorney of the county in which the felony occurred parties to | ||||||
15 | the proceeding; the Attorney General or the State's Attorney | ||||||
16 | may contest the eligibility of the person convicted of the | ||||||
17 | felony, and the Attorney General or the State's Attorney may | ||||||
18 | seek judicial review of the Board's decision not to terminate | ||||||
19 | benefits under this Article because of a felony conviction.
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20 | (40 ILCS 5/15-187.5 new) | ||||||
21 | Sec. 15-187.5. Felony forfeiture proceedings. In any | ||||||
22 | matter involving a question of whether benefits under this | ||||||
23 | Article should be terminated because of a felony conviction, | ||||||
24 | the Board shall make the Attorney General and the State's |
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1 | Attorney of the county in which the felony occurred parties to | ||||||
2 | the proceeding; the Attorney General or the State's Attorney | ||||||
3 | may contest the eligibility of the person convicted of the | ||||||
4 | felony, and the Attorney General or the State's Attorney may | ||||||
5 | seek judicial review of the Board's decision not to terminate | ||||||
6 | benefits under this Article because of a felony conviction.
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7 | (40 ILCS 5/16-199.5 new) | ||||||
8 | Sec. 16-199.5. Felony forfeiture proceedings. In any | ||||||
9 | matter involving a question of whether benefits under this | ||||||
10 | Article should be terminated because of a felony conviction, | ||||||
11 | the Board shall make the Attorney General and the State's | ||||||
12 | Attorney of the county in which the felony occurred parties to | ||||||
13 | the proceeding; the Attorney General or the State's Attorney | ||||||
14 | may contest the eligibility of the person convicted of the | ||||||
15 | felony, and the Attorney General or the State's Attorney may | ||||||
16 | seek judicial review of the Board's decision not to terminate | ||||||
17 | benefits under this Article because of a felony conviction.
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18 | (40 ILCS 5/17-149.2 new) | ||||||
19 | Sec. 17-149.2. Felony forfeiture proceedings. In any | ||||||
20 | matter involving a question of whether benefits under this | ||||||
21 | Article should be terminated because of a felony conviction, | ||||||
22 | the Board shall make the Attorney General and the State's | ||||||
23 | Attorney of the county in which the felony occurred parties to | ||||||
24 | the proceeding; the Attorney General or the State's Attorney |
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1 | may contest the eligibility of the person convicted of the | ||||||
2 | felony, and the Attorney General or the State's Attorney may | ||||||
3 | seek judicial review of the Board's decision not to terminate | ||||||
4 | benefits under this Article because of a felony conviction.
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5 | (40 ILCS 5/18-163.5 new) | ||||||
6 | Sec. 18-163.5. Felony forfeiture proceedings. In any | ||||||
7 | matter involving a question of whether benefits under this | ||||||
8 | Article should be terminated because of a felony conviction, | ||||||
9 | the Board shall make the Attorney General and the State's | ||||||
10 | Attorney of the county in which the felony occurred parties to | ||||||
11 | the proceeding; the Attorney General or the State's Attorney | ||||||
12 | may contest the eligibility of the person convicted of the | ||||||
13 | felony, and the Attorney General or the State's Attorney may | ||||||
14 | seek judicial review of the Board's decision not to terminate | ||||||
15 | benefits under this Article because of a felony conviction.
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16 | Section 90. The State Mandates Act is amended by adding | ||||||
17 | Section 8.38 as follows:
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18 | (30 ILCS 805/8.38 new) | ||||||
19 | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
20 | of this Act, no reimbursement by the State is required for the | ||||||
21 | implementation of any mandate created by this amendatory Act of | ||||||
22 | the 98th General Assembly.
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23 | Section 99. Effective date. This Act takes effect upon |
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1 | becoming law.
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