Public Act 101-0387
 
HB2470 EnrolledLRB101 08877 RPS 53967 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 changing
Sections 5-227 and 5-228 as follows:
 
    (40 ILCS 5/5-227)  (from Ch. 108 1/2, par. 5-227)
    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.
    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.
    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.
    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.
    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.
(Source: P.A. 100-334, eff. 8-25-17.)
 
    (40 ILCS 5/5-228)  (from Ch. 108 1/2, par. 5-228)
    Sec. 5-228. Administrative review.
    (a) The provisions of the Administrative Review Law, and
all amendments and modifications thereof and the rules adopted
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
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
expenses, including reasonable attorney's fees, as part of the
costs of the action.
(Source: P.A. 82-783.)
 
    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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.