HB0239 99TH GENERAL ASSEMBLY

LRB099 03894 RPS 23910 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0239

Introduced , by Rep. Sam Yingling

SYNOPSIS AS INTRODUCED:

See Index

Amends the General Assembly, Downstate Police, Downstate Firefighters, Chicago Police, Chicago Firefighters, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, Cook County Forest Preserve, Chicago Laborers, Chicago Park District, Metropolitan Water Reclamation District, State Employees, State Universities, Downstate Teachers, Chicago Teachers, and Judges Articles of the Illinois Pension Code. Provides that in any matter involving a question of whether pension benefits should be terminated because of a felony, the board of the fund or system shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding. Provides that the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony and may seek judicial review of the board's decision not to terminate benefits because of a felony conviction. Amends the State Mandates Act to require implementation without reimbursement by the State. Effective immediately.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

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 changing Sections 5-189, 6-185, 8-203, 9-196, 11-192, 12-162, and 13-706 and by adding Sections 2-156.5, 3-147.5, 4-138.2, 7-219.5, 10-109.5, 14-149.5, 15-187.5, 16-199.5, 17-149.2, and 18-163.5 as follows:

(40 ILCS 5/2-156.5 new)

Sec. 2-156.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/3-147.5 new)

Sec. 3-147.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/4-138.2 new)

Sec. 4-138.2. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/5-189) (from Ch. 108 1/2, par. 5-189)

Sec. 5-189. To authorize payments. To authorize the payment of any annuity, pension, or benefit granted under this Article or under any other Act relating to police pensions, heretofore in effect in the city which has been superseded by this Article; to increase, reduce, or suspend any such annuity, pension, or benefit whenever any part thereof was secured or granted or the amount thereof fixed, as the result of misrepresentation, fraud, or error; provided, the annuitant, pensioner or beneficiary concerned shall be notified and given an opportunity to be heard concerning such proposed action.

The Board shall have exclusive original jurisdiction in all matters relating to or affecting the fund, including, in addition to all other matters, all claims for annuities, pensions, benefits or refunds. However, in any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(Source: P.A. 77-2141.)

(40 ILCS 5/6-185) (from Ch. 108 1/2, par. 6-185)

Sec. 6-185. To authorize payments. To authorize the payment of any annuity, pension or benefit granted under this Article, or under any other Act relating to firemen's pensions, heretofore in effect in the city which has been superseded by this Article; to increase, reduce, or suspend any such annuity, pension, or benefit whenever any part thereof was secured or granted, or the amount thereof fixed, as the result of misrepresentation, fraud, or error; provided, that the annuitant, pensioner, or beneficiary concerned shall be notified and given an opportunity to be heard concerning such proposed action. The board shall have exclusive original jurisdiction in all matters relating to or affecting the fund, including, in addition to all other matters, all claims for annuities, benefits, refunds or pensions. However, in any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/7-219.5 new)

Sec. 7-219.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/8-203) (from Ch. 108 1/2, par. 8-203)

Sec. 8-203. To authorize payments. To authorize or suspend the payment of any annuity or benefit in accordance with this Article. The board shall have exclusive original jurisdiction in all matters relating to the fund, including, in addition to all other matters, all claims for annuities, pensions, benefits or refunds. However, in any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/9-196) (from Ch. 108 1/2, par. 9-196)

Sec. 9-196. To authorize payments. To authorize or suspend the payment of any annuity or benefit in accordance with this Article. The board shall have exclusive original jurisdiction in all matters relating to the fund, including, in addition to all other matters, all claims for annuities, pensions, benefits or refunds. However, in any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/10-109.5 new)

Sec. 10-109.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/11-192) (from Ch. 108 1/2, par. 11-192)

Sec. 11-192. To authorize payments. To authorize or suspend the payment of any annuity or benefit in accordance with this Article. The board shall have exclusive original jurisdiction in all matters relating to or affecting the fund, including, in addition to all other matters, all claims for annuities, pensions, benefits or refunds. However, in any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/12-162) (from Ch. 108 1/2, par. 12-162)

Sec. 12-162. To have exclusive original jurisdiction. To have exclusive original jurisdiction in all matters relating to or affecting the fund, including, in addition to all other matters, all claims for annuities, benefits or refunds under this Article. However, in any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the board's decision not to terminate benefits under this Article because of a felony conviction.

(Source: Laws 1963, p. 161.)

(40 ILCS 5/13-706) (from Ch. 108 1/2, par. 13-706)

Sec. 13-706. Board powers and duties. The Board shall have the powers and duties set forth in this Section, in addition to such other powers and duties as may be provided in this Article and in this Code:

(a) To supervise collections. To see that all amounts specified in this Article to be applied to the Fund, from any source, are collected and applied.

(b) To notify of deductions. To notify the Clerk of the Water Reclamation District of the deductions to be made from the salaries of employees.

(c) To accept gifts. To accept by gift, grant, bequest or otherwise any money or property of any kind and use the same for the purposes of the Fund.

(d) To invest the reserves. To invest the reserves of the Fund in accordance with the provisions set forth in Section 1-109, 1-109.1, 1-109.2, 1-110, 1-111, 1-114, and 1-115 of this Code. Investments made in accordance with Section 1-113 of Article 1 of this Code shall be deemed prudent. The Board is also authorized to transfer securities to the Illinois State Board of Investment for the purpose of participation in any commingled investment fund as provided in Article 22A of this Code.

(e) To authorize payments. To consider and pass upon all applications for annuities and benefits; to authorize or suspend the payment of any annuity or benefit; to inquire into the validity and legality of any grant of annuity or benefit paid from or payable out of the Fund; to increase, reduce, or suspend any such annuity or benefit whenever the annuity or benefit, or any part thereof, was secured or granted, or the amount thereof fixed, as the result of misrepresentation, fraud, or error. No such annuity or benefit shall be permanently reduced or suspended until the affected annuitant or beneficiary is first notified of the proposed action and given an opportunity to be heard. No trustee of the Board shall vote upon that trustee's own personal claim for annuity, benefit or refund, or participate in the deliberations of the Board as to the validity of any such claim. The Board shall have exclusive original jurisdiction in all matters of claims for annuities, benefits and refunds. However, in any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(f) To submit an annual report. To submit a report in July of each year to the Board of Commissioners of the Water Reclamation District as of the close of business on December 31st of the preceding year. The report shall include the following:

(1) A balance sheet, showing the financial and actuarial condition of the Fund as of the end of the calendar year;

(2) A statement of receipts and disbursements during such year;

(3) A statement showing changes in the asset, liability, reserve and surplus accounts during such year;

(4) A detailed statement of investments as of the end of the year; and

(5) Any additional information as is deemed necessary for proper interpretation of the condition of the Fund.

(g) To subpoena witnesses. To compel witnesses to attend and testify before it upon any matter concerning the Fund and allow witness fees not in excess of $6 for attendance upon any one day. The President and other members of the Board may administer oaths to witnesses.

(h) To appoint employees and consultants. To appoint such actuarial, medical, legal, investigational, clerical or financial employees and consultants as are necessary, and fix their compensation.

(i) To make rules. To make rules and regulations necessary for the administration of the affairs of the Fund.

(j) To waive guardianship. To waive the requirement of legal guardianship of any minor unmarried beneficiary of the Fund living with a parent or grandparent, and legal guardianship of any beneficiary under legal disability whose husband, wife, or parent is managing such beneficiary's affairs, whenever the Board deems such waiver to be in the best interest of the beneficiary.

(k) To collect amounts due. To collect any amounts due to the Fund from any participant or beneficiary prior to payment of any annuity, benefit or refund.

(l) To invoke rule of offset. To offset against any amount payable to an employee or to any other person such sums as may be due to the Fund or may have been paid by the Fund due to misrepresentation, fraud or error.

(m) To assess and collect interest on amounts due to the Fund using the annual rate as shall from time to time be determined by the Board, compounded annually from the date of notification to the date of payment.

(Source: P.A. 94-621, eff. 8-18-05; 95-586, eff. 8-31-07.)

(40 ILCS 5/14-149.5 new)

Sec. 14-149.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/15-187.5 new)

Sec. 15-187.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/16-199.5 new)

Sec. 16-199.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/17-149.2 new)

Sec. 17-149.2. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

(40 ILCS 5/18-163.5 new)

Sec. 18-163.5. Felony forfeiture proceedings. In any matter involving a question of whether benefits under this Article should be terminated because of a felony conviction, the Board shall make the Attorney General and the State's Attorney of the county in which the felony occurred parties to the proceeding; the Attorney General or the State's Attorney may contest the eligibility of the person convicted of the felony, and the Attorney General or the State's Attorney may seek judicial review of the Board's decision not to terminate benefits under this Article because of a felony conviction.

Section 90. The State Mandates Act is amended by adding Section 8.39 as follows:

(30 ILCS 805/8.39 new)

Sec. 8.39. 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 99th General Assembly.

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