Illinois General Assembly - Full Text of HB5737
Illinois General Assembly

Previous General Assemblies

Full Text of HB5737  102nd General Assembly

HB5737 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 26756 RPS 37669 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB5737LRB102 26756 RPS 37669 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:
 
4    Section 5. The Illinois Pension Code is amended by adding
5Section 1-170 as follows:
 
6    (40 ILCS 5/1-170 new)
7    Sec. 1-170. Suspension of benefits; felony indictment or
8charge. Notwithstanding any other provision of this Code,
9benefit or annuity payments to a member or participant shall
10be suspended if the member or participant is indicted or
11charged by information with a felony and the board of the
12retirement system or pension fund determines that the felony
13relates to or arises out of or in connection with his or her
14service as a member or participant of the retirement system or
15pension fund. If the member or participant is not convicted of
16that felony, payment of the benefit or annuity shall resume
17and the retirement system or pension fund shall pay to the
18member or participant the amount of the suspended annuity or
19benefit payments with interest, at a rate determined by the
20board of the retirement system or pension fund. If the member
21or participant is convicted of that felony, the suspended
22annuity or benefit payments shall not be paid to the member or
23participant; however, the member or participant shall be

 

 

HB5737- 2 -LRB102 26756 RPS 37669 b

1entitled to a refund or his or her contributions as provided in
2the applicable provisions concerning forfeiture of benefits
3for certain felony convictions. This Section applies without
4regard to whether the member or participant first became a
5member or participant of a retirement system or pension fund
6before the effective date of this amendatory Act of the 102nd
7General Assembly.
 
8    Section 90. The State Mandates Act is amended by adding
9Section 8.46 as follows:
 
10    (30 ILCS 805/8.46 new)
11    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
128 of this Act, no reimbursement by the State is required for
13the implementation of any mandate created by this amendatory
14Act of the 102nd General Assembly.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.