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| Public Act 101-0387 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Sections 5-227 and 5-228 as follows:
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(40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
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Sec. 5-227. Felony conviction. 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.
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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. | ||||
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.
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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.
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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. | ||
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.
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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 | ||
have consented to the provisions of this amendatory Act as a | ||
condition of participation.
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(Source: P.A. 100-334, eff. 8-25-17.)
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(40 ILCS 5/5-228) (from Ch. 108 1/2, par. 5-228)
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Sec. 5-228. Administrative review. | ||
(a) The provisions of the Administrative Review Law,
and | ||
all amendments and modifications thereof and the rules adopted
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pursuant thereto, shall apply to and govern all proceedings for | ||
the
judicial review of final administrative decisions of the | ||
retirement board
provided for under this Article. The term | ||
"administrative decision" is as
defined in Section 3-101 of the | ||
Code of Civil Procedure. | ||
(b) If any policeman whose application for either a duty | ||
disability benefit
under Section 5-154 or for an occupational | ||
disease disability benefit under
Section 5-154.1 has been | ||
denied by the Retirement Board brings an action for
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administrative review challenging the denial of disability | ||
benefits and the
policeman prevails in the action in | ||
administrative review, then the prevailing
policeman shall be | ||
entitled to recover from the Fund court costs and litigation
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expenses, including reasonable attorney's fees, as part of the | ||
costs of the
action.
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(Source: P.A. 82-783.)
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Section 90. The State Mandates Act is amended by adding | ||
Section 8.43 as follows: | ||
(30 ILCS 805/8.43 new) | ||
Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 101st General Assembly.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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