Rep. Darlene J. Senger

Filed: 4/7/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5816

2    AMENDMENT NO. ______. Amend House Bill 5816 by replacing
3everything after the enacting clause with the following:
 
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 disqualifying
8felony convictions.
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, a job-related felony, including, but not
12limited to, violating paragraph (6) of subsection (a) of
13Section 12-6, subsection (a) of Section 33-1, Section 33-3,
14subsection (a) of Section 33E-7, or subsection (d) of Section
1517-10.3 of the Criminal Code of 2012, or is sentenced for theft
16of governmental property under paragraph (4.1), (5.1), or (6.1)

 

 

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1of subsection (b) of Section 16-1 of the Criminal Code of 2012,
2then none of the benefits that are provided under this Code and
3that are attributable to the service of that person shall be
4paid.
5    (b) If a member or participant of a pension fund or
6retirement system established under this Code is receiving an
7annuity or pension from a pension fund or retirement system
8established under this Code and is convicted of, or pleads
9guilty to, a Class X or a Class 1 felony, other than a felony
10requiring the forfeiture of that annuity or pension under
11subsection (a) of this Section or any other provision of this
12Code, then the board of trustees of that fund or system shall
13suspend the payment of the annuity or pension for the duration
14of that member's or participant's incarceration for that
15offense. Upon completion of the term of incarceration for that
16offense, the member or participant may seek reinstatement of
17his or her annuity or pension by filing a request for
18reinstatement of benefits with the applicable pension fund or
19retirement system in the manner prescribed by that fund or
20system.
21    (c) A person who forfeits his or her benefits under this
22Section is entitled to a refund of his or her employee
23contributions only if a refund of those contributions is
24necessary in order for the pension fund or retirement system to
25maintain qualified plan status under the federal Internal
26Revenue Code of 1986.

 

 

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1    (d) This Section applies without regard to whether the
2member or participant is in service on or after the effective
3date of this amendatory Act of the 98th General Assembly.".