HB5737 102ND GENERAL ASSEMBLY

LRB102 26756 RPS 37669 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5737

Introduced , by Rep. Amy Elik

SYNOPSIS AS INTRODUCED:

40 ILCS 5/1-170 new
30 ILCS 805/8.46 new

Amends the General Provisions Article of the Illinois Pension Code. Provides that benefit or annuity payments to a member or participant shall be suspended if the member or participant is indicted or charged by information with a felony and the board of the retirement system or pension fund determines that the felony relates to or arises out of or in connection with his or her service as a member or participant of the retirement system or pension fund. Provides that if the member or participant is not convicted of that felony, payment of the benefit or annuity shall resume and the retirement system or pension fund shall pay to the member or participant the amount of the suspended annuity or benefit payments with interest. Provides that if the member or participant is convicted of that felony, the suspended annuity or benefit payments shall not be paid to the member or participant. Provides that the amendatory Act applies without regard to whether the member or participant first became a member or participant of a retirement system or pension fund before the effective date. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

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 1-170 as follows:

(40 ILCS 5/1-170 new)

Sec. 1-170. Suspension of benefits; felony indictment or charge. Notwithstanding any other provision of this Code, benefit or annuity payments to a member or participant shall be suspended if the member or participant is indicted or charged by information with a felony and the board of the retirement system or pension fund determines that the felony relates to or arises out of or in connection with his or her service as a member or participant of the retirement system or pension fund. If the member or participant is not convicted of that felony, payment of the benefit or annuity shall resume and the retirement system or pension fund shall pay to the member or participant the amount of the suspended annuity or benefit payments with interest, at a rate determined by the board of the retirement system or pension fund. If the member or participant is convicted of that felony, the suspended annuity or benefit payments shall not be paid to the member or participant; however, the member or participant shall be entitled to a refund or his or her contributions as provided in the applicable provisions concerning forfeiture of benefits for certain felony convictions. This Section applies without regard to whether the member or participant first became a member or participant of a retirement system or pension fund before the effective date of this amendatory Act of the 102nd General Assembly.

Section 90. The State Mandates Act is amended by adding Section 8.46 as follows:

(30 ILCS 805/8.46 new)

Sec. 8.46. 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 102nd General Assembly.

Section 99. Effective date. This Act takes effect upon becoming law.