99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6602

 

Introduced , by Rep. David McSweeney

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/2-156  from Ch. 108 1/2, par. 2-156
40 ILCS 5/3-147  from Ch. 108 1/2, par. 3-147
40 ILCS 5/4-138  from Ch. 108 1/2, par. 4-138
40 ILCS 5/5-227  from Ch. 108 1/2, par. 5-227
40 ILCS 5/6-221  from Ch. 108 1/2, par. 6-221
40 ILCS 5/7-219  from Ch. 108 1/2, par. 7-219
40 ILCS 5/8-251  from Ch. 108 1/2, par. 8-251
40 ILCS 5/9-235  from Ch. 108 1/2, par. 9-235
40 ILCS 5/10-109
40 ILCS 5/11-230  from Ch. 108 1/2, par. 11-230
40 ILCS 5/12-191  from Ch. 108 1/2, par. 12-191
40 ILCS 5/13-807  from Ch. 108 1/2, par. 13-807
40 ILCS 5/14-149  from Ch. 108 1/2, par. 14-149
40 ILCS 5/15-187  from Ch. 108 1/2, par. 15-187
40 ILCS 5/16-199  from Ch. 108 1/2, par. 16-199
40 ILCS 5/17-149.1  from Ch. 108 1/2, par. 17-149.1
40 ILCS 5/18-163  from Ch. 108 1/2, par. 18-163

    Amends the Illinois Pension Code. Provides for the forfeiture of benefits for 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 member from whom the benefit results. Provides that all participants entering service after the effective date of the amendatory Act shall be deemed to have consented to that provision. Provides that the changes under the amendatory Act shall not impair any contract or vested right acquired by a survivor before the effective date of the amendatory Act. Effective immediately.


LRB099 23055 RPS 50503 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB6602LRB099 23055 RPS 50503 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4Section 5. The Illinois Pension Code is amended by changing
5Sections 2-156, 3-147, 4-138, 5-227, 6-221, 7-219, 8-251,
69-235, 10-109, 11-230, 12-191, 13-807, 14-149, 15-187, 16-199,
717-149.1, and 18-163 as follows:
 
8    (40 ILCS 5/2-156)  (from Ch. 108 1/2, par. 2-156)
9    Sec. 2-156. Felony conviction. None of the benefits herein
10provided for shall be paid to any person who is convicted of
11any felony relating to or arising out of or in connection with
12his or her service as a member.
13    None of the benefits provided for in this Article shall be
14paid to any person who otherwise would receive a survivor
15benefit who is convicted of any felony relating to or arising
16out of or in connection with the service of the member from
17whom the benefit results.
18    This Section shall not operate to impair any contract or
19vested right acquired prior to July 11, 1955 under any law or
20laws continued in this Article, nor to preclude the right to a
21refund, and for the changes under this amendatory Act of the
2299th General Assembly, shall not impair any contract or vested
23right acquired by a survivor prior to the effective date of

 

 

HB6602- 2 -LRB099 23055 RPS 50503 b

1this amendatory Act of the 99th General Assembly.
2    All participants entering service subsequent to July 11,
31955 shall be deemed to have consented to the provisions of
4this Section as a condition of participation, and all
5participants entering service subsequent to the effective date
6of this amendatory Act of the 99th General Assembly shall be
7deemed to have consented to the provisions of this amendatory
8Act as a condition of participation.
9(Source: P.A. 83-1440.)
 
10    (40 ILCS 5/3-147)  (from Ch. 108 1/2, par. 3-147)
11    Sec. 3-147. Felony conviction. None of the benefits
12provided in this Article shall be paid to any person who is
13convicted of any felony relating to or arising out of or in
14connection with his or her service as a police officer.
15    None of the benefits provided for in this Article shall be
16paid to any person who otherwise would receive a survivor
17benefit who is convicted of any felony relating to or arising
18out of or in connection with the service of the police officer
19from whom the benefit results.
20    This Section shall not impair any contract or vested right
21acquired prior to July 11, 1955 under any law continued in this
22Article, nor preclude the right to a refund, and for the
23changes under this amendatory Act of the 99th General Assembly,
24shall not impair any contract or vested right acquired by a
25survivor prior to the effective date of this amendatory Act of

 

 

HB6602- 3 -LRB099 23055 RPS 50503 b

1the 99th General Assembly.
2    All persons entering service subsequent to July 11, 1955
3are deemed to have consented to the provisions of this Section
4as a condition of coverage, and all participants entering
5service subsequent to the effective date of this amendatory Act
6of the 99th General Assembly shall be deemed to have consented
7to the provisions of this amendatory Act as a condition of
8participation.
9(Source: P.A. 83-1440.)
 
10    (40 ILCS 5/4-138)  (from Ch. 108 1/2, par. 4-138)
11    Sec. 4-138. Felony conviction. None of the benefits
12provided under this Article shall be paid to any person who is
13convicted of any felony relating to or arising out of or in
14connection with service as a firefighter.
15    None of the benefits provided for in this Article shall be
16paid to any person who otherwise would receive a survivor
17benefit who is convicted of any felony relating to or arising
18out of or in connection with the service of the firefighter
19from whom the benefit results.
20    This Section shall not impair any contract or vested right
21acquired prior to July 11, 1955 under any law continued in this
22Article, nor preclude the right to a refund, and for the
23changes under this amendatory Act of the 99th General Assembly,
24shall not impair any contract or vested right acquired by a
25survivor prior to the effective date of this amendatory Act of

 

 

HB6602- 4 -LRB099 23055 RPS 50503 b

1the 99th General Assembly.
2    All persons entering service subsequent to July 11, 1955,
3are deemed to have consented to the provisions of this Section
4as a condition of coverage, and all participants entering
5service subsequent to the effective date of this amendatory Act
6of the 99th General Assembly shall be deemed to have consented
7to the provisions of this amendatory Act as a condition of
8participation.
9(Source: P.A. 83-1440.)
 
10    (40 ILCS 5/5-227)  (from Ch. 108 1/2, par. 5-227)
11    Sec. 5-227. Felony conviction. None of the benefits
12provided for in this Article shall be paid to any person who is
13convicted of any felony relating to or arising out of or in
14connection with his service as a policeman.
15    None of the benefits provided for in this Article shall be
16paid to any person who otherwise would receive a survivor
17benefit who is convicted of any felony relating to or arising
18out of or in connection with the service of the policeman from
19whom the benefit results.
20    None of the benefits provided for in this Article shall be
21paid to any person who is convicted of any felony while in
22receipt of disability benefits.
23    None of the benefits provided for in this Article shall be
24paid to any person who is convicted of any felony relating to
25or arising out of or in connection with the intentional and

 

 

HB6602- 5 -LRB099 23055 RPS 50503 b

1wrongful death of a police officer, either active or retired,
2through whom such person would become eligible to receive, or
3is receiving, an annuity under this Article.
4    This Section shall not operate to impair any contract or
5vested right heretofore acquired under any law or laws
6continued in this Article, nor to preclude the right to a
7refund, and for the changes under this amendatory Act of the
899th General Assembly, shall not impair any contract or vested
9right acquired by a survivor prior to the effective date of
10this amendatory Act of the 99th General Assembly.
11    All future entrants entering service subsequent to July 11,
121955, shall be deemed to have consented to the provisions of
13this Section as a condition of coverage, and all participants
14entering service subsequent to the effective date of this
15amendatory Act of the 99th General Assembly shall be deemed to
16have consented to the provisions of this amendatory Act as a
17condition of participation.
18(Source: P.A. 83-809.)
 
19    (40 ILCS 5/6-221)  (from Ch. 108 1/2, par. 6-221)
20    Sec. 6-221. Felony conviction. None of the benefits
21provided in this Article shall be paid to any person who is
22convicted of any felony relating to or arising out of or in
23connection with his service as a fireman.
24    None of the benefits provided for in this Article shall be
25paid to any person who otherwise would receive a survivor

 

 

HB6602- 6 -LRB099 23055 RPS 50503 b

1benefit who is convicted of any felony relating to or arising
2out of or in connection with the service of the fireman from
3whom the benefit results.
4    This section shall not operate to impair any contract or
5vested right heretofore acquired under any law or laws
6continued in this Article, nor to preclude the right to a
7refund, and for the changes under this amendatory Act of the
899th General Assembly, shall not impair any contract or vested
9right acquired by a survivor prior to the effective date of
10this amendatory Act of the 99th General Assembly.
11    All future entrants after July 11, 1955 shall be deemed to
12have consented to the provisions of this section as a condition
13of coverage, and all participants entering service subsequent
14to the effective date of this amendatory Act of the 99th
15General Assembly shall be deemed to have consented to the
16provisions of this amendatory Act as a condition of
17participation.
18(Source: Laws 1963, p. 161.)
 
19    (40 ILCS 5/7-219)  (from Ch. 108 1/2, par. 7-219)
20    Sec. 7-219. Felony conviction.
21    None of the benefits provided for in this Article shall be
22paid to any person who is convicted of any felony relating to
23or arising out of or in connection with his service as an
24employee.
25    None of the benefits provided for in this Article shall be

 

 

HB6602- 7 -LRB099 23055 RPS 50503 b

1paid to any person who otherwise would receive a survivor
2benefit who is convicted of any felony relating to or arising
3out of or in connection with the service of the employee from
4whom the benefit results.
5    This Section shall not operate to impair any contract or
6vested right heretofore acquired under any law or laws
7continued in this Article, nor to preclude the right to a
8refund, and for the changes under this amendatory Act of the
999th General Assembly, shall not impair any contract or vested
10right acquired by a survivor prior to the effective date of
11this amendatory Act of the 99th General Assembly.
12    All future entrants entering service subsequent to July 9,
131955 shall be deemed to have consented to the provisions of
14this Section as a condition of coverage, and all participants
15entering service subsequent to the effective date of this
16amendatory Act of the 99th General Assembly shall be deemed to
17have consented to the provisions of this amendatory Act as a
18condition of participation.
19(Source: Laws 1963, p. 161.)
 
20    (40 ILCS 5/8-251)  (from Ch. 108 1/2, par. 8-251)
21    Sec. 8-251. Felony conviction.
22    None of the benefits provided for in this Article shall be
23paid to any person who is convicted of any felony relating to
24or arising out of or in connection with his service as a
25municipal employee.

 

 

HB6602- 8 -LRB099 23055 RPS 50503 b

1    None of the benefits provided for in this Article shall be
2paid to any person who otherwise would receive a survivor
3benefit who is convicted of any felony relating to or arising
4out of or in connection with the service of the employee from
5whom the benefit results.
6    This section shall not operate to impair any contract or
7vested right heretofore acquired under any law or laws
8continued in this Article, nor to preclude the right to a
9refund, and for the changes under this amendatory Act of the
1099th General Assembly, shall not impair any contract or vested
11right acquired by a survivor prior to the effective date of
12this amendatory Act of the 99th General Assembly.
13    All future entrants entering service subsequent to July 11,
141955 shall be deemed to have consented to the provisions of
15this section as a condition of coverage, and all participants
16entering service subsequent to the effective date of this
17amendatory Act of the 99th General Assembly shall be deemed to
18have consented to the provisions of this amendatory Act as a
19condition of participation.
20(Source: Laws 1963, p. 161.)
 
21    (40 ILCS 5/9-235)  (from Ch. 108 1/2, par. 9-235)
22    Sec. 9-235. Felony conviction.
23    None of the benefits provided in this Article shall be paid
24to any person who is convicted of any felony relating to or
25arising out of or in connection with his service as an

 

 

HB6602- 9 -LRB099 23055 RPS 50503 b

1employee.
2    None of the benefits provided for in this Article shall be
3paid to any person who otherwise would receive a survivor
4benefit who is convicted of any felony relating to or arising
5out of or in connection with the service of the employee from
6whom the benefit results.
7    This section shall not operate to impair any contract or
8vested right heretofore acquired under any law or laws
9continued in this Article, nor to preclude the right to a
10refund, and for the changes under this amendatory Act of the
1199th General Assembly, shall not impair any contract or vested
12right acquired by a survivor prior to the effective date of
13this amendatory Act of the 99th General Assembly.
14    All future entrants entering service after July 11, 1955,
15shall be deemed to have consented to the provisions of this
16section as a condition of coverage, and all participants
17entering service subsequent to the effective date of this
18amendatory Act of the 99th General Assembly shall be deemed to
19have consented to the provisions of this amendatory Act as a
20condition of participation.
21(Source: Laws 1963, p. 161.)
 
22    (40 ILCS 5/10-109)
23    Sec. 10-109. Felony conviction. None of the benefits
24provided in this Article shall be paid to any person who is
25convicted of any felony relating to or arising out of or in

 

 

HB6602- 10 -LRB099 23055 RPS 50503 b

1connection with his service as an employee.
2    None of the benefits provided for in this Article shall be
3paid to any person who otherwise would receive a survivor
4benefit who is convicted of any felony relating to or arising
5out of or in connection with the service of the employee from
6whom the benefit results.
7    This Section shall not operate to impair any contract or
8vested right heretofore acquired under any law or laws
9continued in this Article, nor to preclude the right to a
10refund, and for the changes under this amendatory Act of the
1199th General Assembly, shall not impair any contract or vested
12right acquired by a survivor prior to the effective date of
13this amendatory Act of the 99th General Assembly.
14    All future entrants entering service after the effective
15date of this amendatory Act of the 95th General Assembly shall
16be deemed to have consented to the provisions of this Section
17as a condition of coverage, and all participants entering
18service subsequent to the effective date of this amendatory Act
19of the 99th General Assembly shall be deemed to have consented
20to the provisions of this amendatory Act as a condition of
21participation.
22(Source: P.A. 95-1036, eff. 2-17-09.)
 
23    (40 ILCS 5/11-230)  (from Ch. 108 1/2, par. 11-230)
24    Sec. 11-230. Felony conviction.
25    None of the benefits provided in this Article shall be paid

 

 

HB6602- 11 -LRB099 23055 RPS 50503 b

1to any person who is convicted of any felony relating to or
2arising out of or in connection with his service as employee.
3    None of the benefits provided for in this Article shall be
4paid to any person who otherwise would receive a survivor
5benefit who is convicted of any felony relating to or arising
6out of or in connection with the service of the employee from
7whom the benefit results.
8    This section shall not operate to impair any contract or
9vested right heretofore acquired under any law or laws
10continued in this Article, nor to preclude the right to a
11refund, and for the changes under this amendatory Act of the
1299th General Assembly, shall not impair any contract or vested
13right acquired by a survivor prior to the effective date of
14this amendatory Act of the 99th General Assembly.
15    All future entrants entering service after July 11, 1955,
16shall be deemed to have consented to the provisions of this
17section as a condition of coverage, and all participants
18entering service subsequent to the effective date of this
19amendatory Act of the 99th General Assembly shall be deemed to
20have consented to the provisions of this amendatory Act as a
21condition of participation.
22(Source: Laws 1963, p. 161.)
 
23    (40 ILCS 5/12-191)  (from Ch. 108 1/2, par. 12-191)
24    Sec. 12-191. Felony conviction.
25    None of the benefits provided for in this Article shall be

 

 

HB6602- 12 -LRB099 23055 RPS 50503 b

1paid to any person who is convicted of any felony relating to
2or arising out of or in connection with his service as an
3employee.
4    None of the benefits provided for in this Article shall be
5paid to any person who otherwise would receive a survivor
6benefit who is convicted of any felony relating to or arising
7out of or in connection with the service of the employee from
8whom the benefit results.
9    This section shall not operate to impair any contract or
10vested right heretofore acquired under any law or laws
11continued in this Article, nor to preclude the right to a
12refund, and for the changes under this amendatory Act of the
1399th General Assembly, shall not impair any contract or vested
14right acquired by a survivor prior to the effective date of
15this amendatory Act of the 99th General Assembly.
16    All future entrants entering service subsequent to July 11,
171955 shall be deemed to have consented to the provisions of
18this section as a condition of coverage, and all participants
19entering service subsequent to the effective date of this
20amendatory Act of the 99th General Assembly shall be deemed to
21have consented to the provisions of this amendatory Act as a
22condition of participation.
23(Source: Laws 1963, p. 161.)
 
24    (40 ILCS 5/13-807)  (from Ch. 108 1/2, par. 13-807)
25    Sec. 13-807. Felony conviction. None of the benefits

 

 

HB6602- 13 -LRB099 23055 RPS 50503 b

1provided in this Article shall be paid to any person who is
2convicted of any felony relating to or arising out of or in
3connection with service as an employee.
4    None of the benefits provided for in this Article shall be
5paid to any person who otherwise would receive a survivor
6benefit who is convicted of any felony relating to or arising
7out of or in connection with the service of the employee from
8whom the benefit results.
9    This section shall not operate to impair any contract or
10vested right heretofore acquired under any law or laws
11continued in this Article, nor to preclude the right to a
12refund, and for the changes under this amendatory Act of the
1399th General Assembly, shall not impair any contract or vested
14right acquired by a survivor prior to the effective date of
15this amendatory Act of the 99th General Assembly.
16    All persons entering service subsequent to July 11, 1955
17shall be deemed to have consented to the provisions of this
18Section as a condition of coverage, and all participants
19entering service subsequent to the effective date of this
20amendatory Act of the 99th General Assembly shall be deemed to
21have consented to the provisions of this amendatory Act as a
22condition of participation.
23(Source: P.A. 87-794.)
 
24    (40 ILCS 5/14-149)  (from Ch. 108 1/2, par. 14-149)
25    Sec. 14-149. Felony conviction. None of the benefits herein

 

 

HB6602- 14 -LRB099 23055 RPS 50503 b

1provided for shall be paid to any person who is convicted of
2any felony relating to or arising out of or in connection with
3his service as an employee.
4    None of the benefits provided for in this Article shall be
5paid to any person who otherwise would receive a survivor
6benefit who is convicted of any felony relating to or arising
7out of or in connection with the service of the employee from
8whom the benefit results.
9    This Section shall not operate to impair any contract or
10vested right heretofore acquired under any law or laws
11continued in this Article nor to preclude the right to a
12refund, and for the changes under this amendatory Act of the
1399th General Assembly, shall not impair any contract or vested
14right acquired by a survivor prior to the effective date of
15this amendatory Act of the 99th General Assembly.
16    All future entrants entering service subsequent to July 9,
171955 shall be deemed to have consented to the provisions of
18this section as a condition of coverage, and all participants
19entering service subsequent to the effective date of this
20amendatory Act of the 99th General Assembly shall be deemed to
21have consented to the provisions of this amendatory Act as a
22condition of participation.
23(Source: P.A. 80-841.)
 
24    (40 ILCS 5/15-187)  (from Ch. 108 1/2, par. 15-187)
25    Sec. 15-187. Felony conviction. None of the benefits

 

 

HB6602- 15 -LRB099 23055 RPS 50503 b

1provided under this Article shall be paid to any person who is
2convicted of any felony relating to or arising out of or in
3connection with the person's service as an employee.
4    None of the benefits provided for in this Article shall be
5paid to any person who otherwise would receive a survivor
6benefit who is convicted of any felony relating to or arising
7out of or in connection with the service of the employee from
8whom the benefit results.
9    This Section shall not operate to impair any contract or
10vested right heretofore acquired under any law or laws
11continued in this Article, nor to preclude the right to a
12refund, and for the changes under this amendatory Act of the
1399th General Assembly, shall not impair any contract or vested
14right acquired by a survivor prior to the effective date of
15this amendatory Act of the 99th General Assembly. No refund
16paid to any person who is convicted of a felony relating to or
17arising out of or in connection with the person's service as an
18employee shall include employer contributions or interest or,
19in the case of the self-managed plan authorized under Section
2015-158.2, any employer contributions or investment return on
21such employer contributions.
22    All persons entering service subsequent to July 9, 1955
23shall be deemed to have consented to the provisions of this
24Section as a condition of coverage, and all participants
25entering service subsequent to the effective date of this
26amendatory Act of the 99th General Assembly shall be deemed to

 

 

HB6602- 16 -LRB099 23055 RPS 50503 b

1have consented to the provisions of this amendatory Act as a
2condition of participation.
3(Source: P.A. 93-347, eff. 7-24-03.)
 
4    (40 ILCS 5/16-199)  (from Ch. 108 1/2, par. 16-199)
5    Sec. 16-199. Felony conviction. None of the benefits
6provided for in this Article shall be paid to any person who is
7convicted of any felony relating to or arising out of or in
8connection with his or her service as a teacher.
9    None of the benefits provided for in this Article shall be
10paid to any person who otherwise would receive a survivor
11benefit who is convicted of any felony relating to or arising
12out of or in connection with the service of the teacher from
13whom the benefit results.
14    This Section shall not operate to impair any contract or
15vested right acquired prior to July 9, 1955 under any law or
16laws continued in this Article, nor to preclude the right to a
17refund, and for the changes under this amendatory Act of the
1899th General Assembly, shall not impair any contract or vested
19right acquired by a survivor prior to the effective date of
20this amendatory Act of the 99th General Assembly. The System
21may sue any such person to collect all moneys paid in excess of
22refundable contributions.
23    All teachers entering or re-entering service after July 9,
241955 shall be deemed to have consented to the provisions of
25this Section as a condition of membership, and all participants

 

 

HB6602- 17 -LRB099 23055 RPS 50503 b

1entering service subsequent to the effective date of this
2amendatory Act of the 99th General Assembly shall be deemed to
3have consented to the provisions of this amendatory Act as a
4condition of participation.
5(Source: P.A. 85-1008.)
 
6    (40 ILCS 5/17-149.1)  (from Ch. 108 1/2, par. 17-149.1)
7    Sec. 17-149.1. Felony conviction. None of the benefits
8provided for in this Article shall be paid to any person who is
9convicted of any felony relating to or arising out of or in
10connection with his or her service as a teacher.
11    None of the benefits provided for in this Article shall be
12paid to any person who otherwise would receive a survivor
13benefit who is convicted of any felony relating to or arising
14out of or in connection with the service of the teacher from
15whom the benefit results.
16    This Section shall not operate to impair any contract or
17vested right acquired prior to January 1, 1988, nor to preclude
18the right to a refund, and for the changes under this
19amendatory Act of the 99th General Assembly, shall not impair
20any contract or vested right acquired by a survivor prior to
21the effective date of this amendatory Act of the 99th General
22Assembly.
23    All teachers entering service after January 1, 1988 shall
24be deemed to have consented to the provisions of this Section
25as a condition of membership, and all participants entering

 

 

HB6602- 18 -LRB099 23055 RPS 50503 b

1service subsequent to the effective date of this amendatory Act
2of the 99th General Assembly shall be deemed to have consented
3to the provisions of this amendatory Act as a condition of
4participation.
5(Source: P.A. 85-964.)
 
6    (40 ILCS 5/18-163)  (from Ch. 108 1/2, par. 18-163)
7    Sec. 18-163. Felony conviction. None of the benefits herein
8provided shall be paid to any person who is convicted of any
9felony relating to or arising out of or in connection with his
10or her service as a judge.
11    None of the benefits provided for in this Article shall be
12paid to any person who otherwise would receive a survivor
13benefit who is convicted of any felony relating to or arising
14out of or in connection with the service of the judge from whom
15the benefit results.
16    This Section shall not operate to impair any contract or
17vested right acquired before July 9, 1955 under any law or laws
18continued in this Article, nor to preclude the right to a
19refund, and for the changes under this amendatory Act of the
2099th General Assembly, shall not impair any contract or vested
21right acquired by a survivor prior to the effective date of
22this amendatory Act of the 99th General Assembly.
23    All participants entering service subsequent to July 9,
241955 are deemed to have consented to the provisions of this
25Section as a condition of participation, and all participants

 

 

HB6602- 19 -LRB099 23055 RPS 50503 b

1entering service subsequent to the effective date of this
2amendatory Act of the 99th General Assembly shall be deemed to
3have consented to the provisions of this amendatory Act as a
4condition of participation.
5(Source: P.A. 83-1440.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.