Sen. Bill Cunningham

Filed: 5/16/2019

 

 


 

 


 
10100HB2470sam001LRB101 08877 RPS 60767 a

1
AMENDMENT TO HOUSE BILL 2470

2    AMENDMENT NO. ______. Amend House Bill 2470 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 5-227 and 5-228 as follows:
 
6    (40 ILCS 5/5-227)  (from Ch. 108 1/2, par. 5-227)
7    Sec. 5-227. 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 service as a policeman.
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 policeman from
15whom the benefit results.
16    None of the benefits provided for in this Article shall be

 

 

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1paid to any person who is convicted of any felony while in
2receipt of disability benefits.
3    None of the benefits provided for in this Article shall be
4paid to any person who is convicted of any felony relating to
5or arising out of or in connection with the intentional and
6wrongful death of a police officer, either active or retired,
7through whom such person would become eligible to receive, or
8is receiving, an annuity under this Article.
9    A person who intentionally and unjustifiably causes delay
10in proceedings in which the person is ultimately convicted of a
11felony relating to or arising out of or in connection with his
12service as a policeman shall not be entitled to any benefits
13provided for in this Article on and after the filing date of
14the related indictment or charges. This paragraph applies to
15all persons whose felony conviction was entered on or after
16January 1, 2019.
17    Any refund required under this Article shall be calculated
18based on that person's contributions to the Fund, less the
19amount of any annuity benefit previously received by the person
20or his or her beneficiaries. This paragraph applies to all
21persons who make an application for refund to the Fund on or
22after January 1, 2019.
23    This Section shall not operate to impair any contract or
24vested right heretofore acquired under any law or laws
25continued in this Article, nor to preclude the right to a
26refund, and for the changes under this amendatory Act of the

 

 

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1100th General Assembly, shall not impair any contract or vested
2right acquired by a survivor prior to the effective date of
3this amendatory Act of the 100th General Assembly.
4    All future entrants entering service subsequent to July 11,
51955, shall be deemed to have consented to the provisions of
6this Section as a condition of coverage, and all participants
7entering service subsequent to the effective date of this
8amendatory Act of the 100th General Assembly shall be deemed to
9have consented to the provisions of this amendatory Act as a
10condition of participation.
11(Source: P.A. 100-334, eff. 8-25-17.)
 
12    (40 ILCS 5/5-228)  (from Ch. 108 1/2, par. 5-228)
13    Sec. 5-228. Administrative review.
14    (a) The provisions of the Administrative Review Law, and
15all amendments and modifications thereof and the rules adopted
16pursuant thereto, shall apply to and govern all proceedings for
17the judicial review of final administrative decisions of the
18retirement board provided for under this Article. The term
19"administrative decision" is as defined in Section 3-101 of the
20Code of Civil Procedure.
21    (b) If any policeman whose application for either a duty
22disability benefit under Section 5-154 or for an occupational
23disease disability benefit under Section 5-154.1 has been
24denied by the Retirement Board brings an action for
25administrative review challenging the denial of disability

 

 

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1benefits and the policeman prevails in the action in
2administrative review, then the prevailing policeman shall be
3entitled to recover from the Fund court costs and litigation
4expenses, including reasonable attorney's fees, as part of the
5costs of the action.
6(Source: P.A. 82-783.)
 
7    Section 90. The State Mandates Act is amended by adding
8Section 8.43 as follows:
 
9    (30 ILCS 805/8.43 new)
10    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
11of this Act, no reimbursement by the State is required for the
12implementation of any mandate created by this amendatory Act of
13the 101st General Assembly.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".