98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5816

 

Introduced , by Rep. Darlene J. Senger

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/1-136 new

    Amends the Illinois Pension Code. Provides that if a member or participant of a pension fund or retirement system established under the Code is convicted of, or pleads guilty to, intimidation by a public official, bribery, official misconduct, engaging in kickbacks, fraudulently obtaining public moneys reserved for a disadvantaged business enterprise, or certain theft offenses, then none of the benefits that are provided for under the Code and that are attributable to the service of that person shall be paid. Provides that if a member or participant of a pension fund or retirement system established under the Code is receiving an annuity or pension from a pension fund or retirement system established under the Code and is convicted of, or pleads guilty to, a felony (other than intimidation by a public official, bribery, official misconduct, engaging in kickbacks, fraudulently obtaining public moneys reserved for a disadvantaged business enterprise, certain theft offenses, or any other felony requiring the forfeiture of that annuity or pension under the Code), then the board of trustees of that fund or system shall suspend the payment of that annuity or pension during that individual's incarceration for that offense. Provides that, upon completion of the term of incarceration for that offense, the member or participant may seek reinstatement of his or her annuity or pension by filing a request for reinstatement of benefits with the applicable pension fund or retirement system in the manner prescribed by the applicable fund or system.


LRB098 15892 EFG 50937 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5816LRB098 15892 EFG 50937 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 1-136 as follows:
 
6    (40 ILCS 5/1-136 new)
7    Sec. 1-136. Public corruption and other qualifying felony
8convictions.
9    (a) If a member or participant of a pension fund or
10retirement system established under this Code is convicted of,
11or pleads guilty to, violating paragraph (6) of subsection (a)
12of Section 12-6, subsection (a) of Section 33-1, Section 33-3,
13subsection (a) of Section 33E-7, or subsection (d) of Section
1417-10.3 of the Criminal Code of 2012, or is sentenced for theft
15of governmental property under paragraph (4.1), (5.1), or (6.1)
16of subsection (b) of Section 16-1 of the Criminal Code of 2012,
17then none of the benefits that are provided under this Code and
18that are attributable to the service of that person shall be
19paid.
20    (b) If a member or participant of a pension fund or
21retirement system established under this Code is receiving an
22annuity or pension from a pension fund or retirement system
23established under this Code and is convicted of, or pleads

 

 

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1guilty to, a felony, other than a felony requiring the
2forfeiture of that annuity or pension under subsection (a) of
3this Section or any other provision of this Code, then the
4board of trustees of that fund or system shall suspend the
5payment of the annuity or pension for the duration of that
6individual's incarceration for that offense. Upon completion
7of the term of incarceration for that offense, the member or
8participant may seek reinstatement of his or her annuity or
9pension by filing a request for reinstatement of benefits with
10the applicable pension fund or retirement system in the manner
11prescribed by that fund or system.
12    (c) A person to whom this Section applies is entitled to a
13refund of his or her unused employee contributions to the
14extent that the refund of those contributions is necessary in
15order for the pension fund or retirement system to maintain
16qualified plan status under the federal Internal Revenue Code
17of 1986.
18    (d) This Section applies without regard to whether the
19member or participant is in active service on or after the
20effective date of this amendatory Act of the 98th General
21Assembly.