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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0049
Introduced 1/26/2005, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED:
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40 ILCS 5/7-219 |
from Ch. 108 1/2, par. 7-219 |
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Amends the IMRF Article of the Illinois Pension Code. Prohibits a person convicted of a felony relating to or arising out of or in connection with his or her service as an employee who is an employee of more than one employer that participates in the Fund from receiving benefits based on any of his or her service as an employee for all employers that participate in the Fund. Provides that, if, as a result of the felony, the employee is ordered by the court to pay restitution to the employer, then (i) the employer may apply for a refund of employee contributions on the employee's behalf and (ii) pursuant to appropriate documentation from the employer and the court, the Fund shall pay to the employer all or a portion of the refund in a sum sufficient to satisfy the court-ordered restitution. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
PENSION IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB0049 |
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LRB094 05344 AMC 35388 b |
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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 |
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| Section 7-219 as follows:
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| (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
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| Sec. 7-219. Felony conviction.
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| None of the benefits provided for in this Article shall be |
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| paid to any
person who is convicted of any felony relating to |
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| or arising out of or in
connection with his service as an |
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| employee. If the person convicted of such a felony is an |
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| employee of more than one employer that participates in the |
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| Fund, then the person may not receive benefits based on any of |
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| his or her service as an employee for all employers that |
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| participate in the Fund.
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| This Section shall not operate to impair any contract or |
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| vested right
heretofore acquired under any law or laws |
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| continued in this Article, nor to
preclude the right to a |
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| refund; except that, notwithstanding Section 7-217 and the |
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| other provisions of this Code, if, as a result of the felony, |
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| the person is ordered by the court to pay restitution to the |
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| employer, then (i) the employer may apply for a refund of |
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| employee contributions on the employee's behalf and (ii) |
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| pursuant to appropriate documentation from the employer and the |
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| court, the Fund shall pay to the employer all or a portion of |
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| the refund in a sum sufficient to satisfy the court-ordered |
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| restitution.
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| All future entrants entering service subsequent to July 9, |
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| 1955 shall be
deemed to have consented to the provisions of |
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| this Section as a condition
of coverage.
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| (Source: Laws 1963, p. 161.)
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| Section 99. Effective date. This Act takes effect upon |