Public Act 100-0334
Public Act 0334 100TH GENERAL ASSEMBLY
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Public Act 100-0334
| | HB0350 Enrolled | LRB100 04339 RPS 14345 b |
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| 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 2-156, 3-147, 4-138, 5-227, 6-221, 7-219, 8-251, | 9-235, 10-109, 11-230, 12-191, 13-807, 14-149, 15-187, 16-199, | 17-149.1, and 18-163 as follows:
| (40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
| Sec. 2-156. Felony conviction. None of the benefits herein | provided for shall be paid to any person who
is convicted of | any felony relating to or arising out of or in connection
with | his or her service as a member.
| None of the benefits provided for in this Article shall be | paid to 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. | This Section shall not operate to impair any contract or | vested right acquired
prior to July 11, 1955 under any law or | laws
continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of |
| this amendatory Act of the 100th General Assembly.
| All participants entering service subsequent to
July 11, | 1955 shall
be deemed to have consented to the provisions of | this Section as a
condition of participation, and all | participants entering service subsequent to the effective date | of this amendatory Act of the 100th General Assembly shall be | deemed to have consented to the provisions of this amendatory | Act as a condition of participation.
| (Source: P.A. 83-1440.)
| (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
| Sec. 3-147. Felony conviction. None of the benefits | provided in
this Article shall be paid to any person who is | convicted of any felony
relating to or arising out of or in
| connection with his or her service as a police officer. | None of the benefits provided for in this Article shall be | paid to 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 police officer | from whom the benefit results.
| This Section shall not impair any contract or vested right | acquired prior
to July 11, 1955 under any law
continued in this | Article, nor
preclude the right to a refund, and for the | changes under this amendatory Act of the 100th General | Assembly, shall not impair any contract or vested right | acquired by a survivor prior to the effective date of this |
| amendatory Act of the 100th General Assembly.
| All persons entering service subsequent to July
11, 1955 | are deemed to have consented to the provisions of this Section | as a
condition of coverage, and all participants entering | service subsequent to the effective date of this amendatory Act | of the 100th General Assembly shall be deemed to have consented | to the provisions of this amendatory Act as a condition of | participation.
| (Source: P.A. 83-1440.)
| (40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
| Sec. 4-138. Felony conviction. None of the benefits | provided under this Article shall be paid to any
person who is | convicted of any felony relating to or arising out of or in
| connection with service as a firefighter.
| None of the benefits provided for in this Article shall be | paid to 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 firefighter | from whom the benefit results. | This Section shall not impair any contract or vested right | acquired prior
to July 11, 1955 under any law
continued in this | Article, nor preclude the right to a refund, and for the | changes under this amendatory Act of the 100th General | Assembly, shall not impair any contract or vested right | acquired by a survivor prior to the effective date of this |
| amendatory Act of the 100th General Assembly.
| All persons entering service subsequent to July
11, 1955, | are deemed to have consented to the provisions
of this Section | as a
condition of coverage, and all participants entering | service subsequent to the effective date of this amendatory Act | of the 100th General Assembly shall be deemed to have consented | to the provisions of this amendatory Act as a condition of | participation.
| (Source: P.A. 83-1440.)
| (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
| Sec. 5-227. Felony conviction. None of the benefits | provided for in this
Article shall be paid to any person who is | convicted of any felony relating
to or arising out of or in | connection with his service as a policeman.
| None of the benefits provided for in this Article shall be | paid to 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 policeman from | whom the benefit results. | None of the benefits provided for in this Article shall be | paid to any
person who is convicted of any felony while in | receipt of disability benefits.
| None of the benefits provided for in this Article shall be | paid to any
person who is convicted of any felony relating to | or arising out of or in
connection with the intentional and |
| wrongful death of a police officer,
either active or retired, | through whom such person would become eligible
to receive, or | is receiving, an annuity under this Article.
| This Section shall not operate to impair any contract or | vested right heretofore
acquired under any law or laws | continued in this Article, nor to preclude
the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants entering service subsequent to July 11, | 1955, shall
be deemed to have consented to the provisions of | this Section as a
condition of coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: P.A. 83-809.)
| (40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)
| Sec. 6-221. Felony conviction. None of the benefits | provided in this Article shall be paid to any
person who is | convicted of any felony relating to or arising out of or in
| connection with his service as a fireman.
| None of the benefits provided for in this Article shall be | paid to 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 fireman from | whom the benefit results. | This section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor
to preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants after July 11, 1955 shall be deemed to | have
consented to the provisions of this section as a condition | of coverage, and all participants entering service subsequent | to the effective date of this amendatory Act of the 100th | General Assembly shall be deemed to have consented to the | provisions of this amendatory Act as a condition of | participation.
| (Source: Laws 1963, p. 161.)
| (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
| Sec. 7-219. Felony conviction.
| None of the benefits provided for in this Article shall be | paid to any
person who is convicted of any felony relating to | or arising out of or in
connection with his service as an | employee.
| None of the benefits provided for in this Article shall be |
| paid to 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 employee from | whom the benefit results. | This Section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants entering service subsequent to July 9, | 1955 shall be
deemed to have consented to the provisions of | this Section as a condition
of coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: Laws 1963, p. 161.)
| (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
| Sec. 8-251. Felony conviction.
| None of the benefits provided for in this Article shall be | paid to any
person who is convicted of any felony relating to | or arising out of or in
connection with his service as a | municipal employee.
|
| None of the benefits provided for in this Article shall be | paid to 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 employee from | whom the benefit results. | This section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants entering service subsequent to July 11, | 1955 shall
be deemed to have consented to the provisions of | this section as a
condition of coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: Laws 1963, p. 161.)
| (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
| Sec. 9-235. Felony conviction.
| None of the benefits provided in this Article shall be paid | to any
person who is convicted of any felony relating to or | arising out of or in
connection with his service as an |
| employee.
| None of the benefits provided for in this Article shall be | paid to 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 employee from | whom the benefit results. | This section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants entering service after July 11, 1955, | shall be
deemed to have consented to the provisions of this | section as a condition
of coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: Laws 1963, p. 161.)
| (40 ILCS 5/10-109) | Sec. 10-109. Felony conviction. None of the benefits | provided in this Article shall be paid to any
person who is | convicted of any felony relating to or arising out of or in
|
| connection with his service as an employee. | None of the benefits provided for in this Article shall be | paid to 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 employee from | whom the benefit results. | This Section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly. | All future entrants entering service after the effective | date of this amendatory Act of the 95th General Assembly shall | be
deemed to have consented to the provisions of this Section | as a condition
of coverage, and all participants entering | service subsequent to the effective date of this amendatory Act | of the 100th General Assembly shall be deemed to have consented | to the provisions of this amendatory Act as a condition of | participation.
| (Source: P.A. 95-1036, eff. 2-17-09.)
| (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
| Sec. 11-230. Felony conviction.
| None of the benefits provided in this Article shall be paid |
| to any
person who is convicted of any felony relating to or | arising out of or in
connection with his service as employee.
| None of the benefits provided for in this Article shall be | paid to 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 employee from | whom the benefit results. | This section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants entering service after July 11, 1955, | shall be
deemed to have consented to the provisions of this | section as a condition
of coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: Laws 1963, p. 161.)
| (40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
| Sec. 12-191. Felony conviction.
| None of the benefits provided for in this Article shall be |
| paid to any
person who is convicted of any felony relating to | or arising out of or in
connection with his service as an | employee.
| None of the benefits provided for in this Article shall be | paid to 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 employee from | whom the benefit results. | This section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants entering service subsequent to July 11, | 1955 shall
be deemed to have consented to the provisions of | this section as a
condition of coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: Laws 1963, p. 161.)
| (40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)
| Sec. 13-807. Felony conviction. None of the benefits |
| provided in this
Article shall be paid to any person who is | convicted of any felony relating
to or arising out of or in | connection with service as an employee.
| None of the benefits provided for in this Article shall be | paid to 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 employee from | whom the benefit results. | This section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All persons entering service subsequent to July 11, 1955 | shall be deemed
to have consented to the provisions of this | Section as a condition of
coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: P.A. 87-794.)
| (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
| Sec. 14-149. Felony conviction. None of the benefits herein |
| provided for
shall be paid to any person
who is convicted of | any felony relating to or arising out of or in
connection with | his service as an employee.
| None of the benefits provided for in this Article shall be | paid to 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 employee from | whom the benefit results. | This Section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article nor
to preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All future entrants entering service subsequent to July 9, | 1955 shall
be deemed to have consented to the provisions of | this section as a
condition of coverage, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: P.A. 80-841.)
| (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
| Sec. 15-187. Felony conviction. None of the benefits |
| provided under this
Article shall be paid to any person who is | convicted of any felony relating to
or arising out of or in | connection with a the person's service as an employee from | which the benefit derives.
| This Section shall not operate to impair any contract or | vested right
heretofore acquired under any law or laws | continued in this Article, nor
to preclude the right to a | refund. The changes made to this Section by this amendatory Act | of the 100th General Assembly shall not impair any contract or | vested right acquired prior to the effective date of this | amendatory Act of the 100th General Assembly. No refund paid to | any person who is
convicted of a felony relating to or arising | out of or in connection with the person's service as an | employee shall include employer contributions or
interest or, | in the case of the self-managed plan authorized under Section
| 15-158.2, any employer contributions or investment return on | such employer
contributions.
| All persons entering service subsequent to July 9, 1955 | shall be deemed to
have consented to the provisions of this | Section as a condition of coverage, and all participants | entering service on or subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
| (Source: P.A. 93-347, eff. 7-24-03.)
|
| (40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)
| Sec. 16-199. Felony conviction. None of the benefits | provided for in this Article shall be paid to any
person who is | convicted of any felony relating to or arising out of or in
| connection with his or her service as a teacher.
| None of the benefits provided for in this Article shall be | paid to 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 teacher from | whom the benefit results. | This Section shall not operate to impair any contract or | vested right acquired
prior to July 9, 1955 under any law or | laws
continued in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly. The System | may sue any such person to
collect all moneys paid in excess of | refundable contributions.
| All teachers entering or re-entering service after July 9, | 1955 shall be
deemed to have consented to the provisions of | this Section as a condition
of membership, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
|
| (Source: P.A. 85-1008.)
| (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
| Sec. 17-149.1. Felony conviction. None of the benefits | provided for in this Article shall be paid to any
person who is | convicted of any felony relating to or arising out of or in
| connection with his or her service as a teacher.
| None of the benefits provided for in this Article shall be | paid to 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 teacher from | whom the benefit results. | This Section shall not operate to impair any contract or | vested right
acquired prior to January 1, 1988, nor to preclude | the right to a refund, and for the changes under this | amendatory Act of the 100th General Assembly, shall not impair | any contract or vested right acquired by a survivor prior to | the effective date of this amendatory Act of the 100th General | Assembly.
| All teachers entering service after January 1, 1988 shall | be
deemed to have consented to the provisions of this Section | as a condition
of membership, and all participants entering | service subsequent to the effective date of this amendatory Act | of the 100th General Assembly shall be deemed to have consented | to the provisions of this amendatory Act as a condition of | participation.
|
| (Source: P.A. 85-964.)
| (40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
| Sec. 18-163. Felony conviction. None of the benefits herein | provided shall be paid to any person who is
convicted of any | felony relating to or arising out of or in connection with
his | or her service as a judge.
| None of the benefits provided for in this Article shall be | paid to 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 judge from whom | the benefit results. | This Section shall not operate to impair any contract or | vested right acquired
before July 9, 1955 under any law or laws | continued
in this Article, nor to
preclude the right to a | refund, and for the changes under this amendatory Act of the | 100th General Assembly, shall not impair any contract or vested | right acquired by a survivor prior to the effective date of | this amendatory Act of the 100th General Assembly.
| All participants entering service subsequent to
July 9, | 1955 are deemed to have consented to the provisions
of this | Section as a condition
of participation, and all participants | entering service subsequent to the effective date of this | amendatory Act of the 100th General Assembly shall be deemed to | have consented to the provisions of this amendatory Act as a | condition of participation.
|
| (Source: P.A. 83-1440.)
| Section 99. Effective date. This Act takes effect upon | becoming law.
|
Effective Date: 8/25/2017
|
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