101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0276

 

Introduced , by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-169.1
40 ILCS 5/16-169.2 new
40 ILCS 5/16-199  from Ch. 108 1/2, par. 16-199
40 ILCS 5/17-143.5
40 ILCS 5/17-143.6 new
40 ILCS 5/17-149.1  from Ch. 108 1/2, par. 17-149.1

    Amends the Downstate Teacher and Chicago Teacher Articles of the Illinois Pension Code. Provides that none of the benefits provided for in either Article shall be paid to a person if the person first becomes a member after the effective date of the amendatory Act and a board, after an administrative hearing, determines that the person sexually abused a student. Provides that an employer must notify a board if a retiring member has been accused of sexually abusing a student. Provides that a board may, through an administrative hearing, review the claim of sexual abuse and may order that benefits be forfeited. Provides that the changes made by the amendatory Act shall not operate to impair any contract or vested right acquired before the effective date of the amendatory Act nor to preclude the right to a refund. Provides that all teachers entering service after the effective date of the amendatory Act shall be deemed to have consented to the provisions of the amendatory Act as a condition of membership. Makes conforming changes. Effective immediately.


LRB101 04654 RPS 49663 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0276LRB101 04654 RPS 49663 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 changing
5Sections 16-169.1, 16-199, 17-143.5, and 17-149.1 and by adding
6Sections 16-169.2 and 17-143.6 as follows:
 
7    (40 ILCS 5/16-169.1)
8    Sec. 16-169.1. Testimony and the production of records. The
9secretary of the Board shall have the power to issue subpoenas
10to compel the attendance of witnesses and the production of
11documents and records, including law enforcement records
12maintained by law enforcement agencies, in conjunction with the
13determination of employer payments required under subsection
14(f) of Section 16-158, a disability claim, an administrative
15review proceeding, an attempt to obtain information to assist
16in the collection of sums due to the System, or a felony
17forfeiture investigation under Section 16-169.2 or 16-199. The
18fees of witnesses for attendance and travel shall be the same
19as the fees of witnesses before the circuit courts of this
20State and shall be paid by the party seeking the subpoena. The
21Board may apply to any circuit court in the State for an order
22requiring compliance with a subpoena issued under this Section.
23Subpoenas issued under this Section shall be subject to

 

 

HB0276- 2 -LRB101 04654 RPS 49663 b

1applicable provisions of the Code of Civil Procedure.
2(Source: P.A. 99-450, eff. 8-24-15.)
 
3    (40 ILCS 5/16-169.2 new)
4    Sec. 16-169.2. Sexual abuse accusations. An employer must
5notify the Board if a retiring member has been accused of
6sexually abusing a student. The Board may, through an
7administrative hearing, review the claim of sexual abuse and
8may order that the member's benefits be forfeited under Section
916-199.
 
10    (40 ILCS 5/16-199)  (from Ch. 108 1/2, par. 16-199)
11    Sec. 16-199. Felony conviction; sexual abuse of a student.
12None of the benefits provided for in this Article shall be paid
13to any person who is convicted of any felony relating to or
14arising out of or in connection with his or her service as a
15teacher.
16    None of the benefits provided for in this Article shall be
17paid to any person who otherwise would receive a survivor
18benefit who is convicted of any felony relating to or arising
19out of or in connection with the service of the teacher from
20whom the benefit results.
21    None of the benefits provided for in this Article shall be
22paid to any person who first becomes a member after the
23effective date of this amendatory Act of the 101st General
24Assembly and who the Board determines under Section 16-169.2 to

 

 

HB0276- 3 -LRB101 04654 RPS 49663 b

1have sexually abused a student.
2    This Section shall not operate to impair any contract or
3vested right acquired prior to July 9, 1955 under any law or
4laws continued in this Article, nor to preclude the right to a
5refund, and for the changes under Public Act 100-334 this
6amendatory Act of the 100th General Assembly, shall not impair
7any contract or vested right acquired by a survivor prior to
8August 25, 2017 (the effective date of Public Act 100-334) this
9amendatory Act of the 100th General Assembly. The changes made
10by this amendatory Act of the 101st General Assembly shall not
11operate to impair any contract or vested right acquired before
12the effective date of this amendatory Act of the 101st General
13Assembly. The System may sue any such person to collect all
14moneys paid in excess of refundable contributions.
15    All teachers entering or re-entering service after July 9,
161955 shall be deemed to have consented to the provisions of
17this Section as a condition of membership, and all participants
18entering service subsequent to August 25, 2017 (the effective
19date of Public Act 100-334) this amendatory Act of the 100th
20General Assembly shall be deemed to have consented to the
21provisions of Public Act 100-334 this amendatory Act as a
22condition of participation. All teachers entering service
23after the effective date of this amendatory Act of the 101st
24General Assembly shall be deemed to have consented to the
25provisions of this amendatory Act of the 101st General Assembly
26as a condition of membership.

 

 

HB0276- 4 -LRB101 04654 RPS 49663 b

1(Source: P.A. 100-334, eff. 8-25-17.)
 
2    (40 ILCS 5/17-143.5)
3    Sec. 17-143.5. Testimony and the production of records. The
4Board shall have the power to issue subpoenas to compel the
5attendance of witnesses and the production of documents and
6records in conjunction with the determination of employer
7payments required under subsection (c) of Section 17-116, a
8disability claim, an administrative review proceeding, an
9attempt to obtain information to assist in the collection of
10sums due to the Fund, or a felony forfeiture investigation
11under Section 17-143.6 or 17-149.1. The fees of witnesses for
12attendance and travel shall be the same as the fees of
13witnesses before the circuit courts of this State and shall be
14paid by the party seeking the subpoena. The Board may apply to
15any circuit court in the State for an order requiring
16compliance with a subpoena issued under this Section. Subpoenas
17issued under this Section shall be subject to applicable
18provisions of the Code of Civil Procedure.
19(Source: P.A. 99-786, eff. 8-12-16.)
 
20    (40 ILCS 5/17-143.6 new)
21    Sec. 17-143.6. Sexual abuse accusations. An Employer must
22notify the Board if a retiring member has been accused of
23sexually abusing a student. The Board may, through an
24administrative hearing, review the claim of sexual abuse and

 

 

HB0276- 5 -LRB101 04654 RPS 49663 b

1may order that the member's benefits be forfeited under Section
217-149.1.
 
3    (40 ILCS 5/17-149.1)  (from Ch. 108 1/2, par. 17-149.1)
4    Sec. 17-149.1. Felony conviction; sexual abuse of a
5student. None of the benefits provided for in this Article
6shall be paid to any person who is convicted of any felony
7relating to or arising out of or in connection with his or her
8service as a teacher.
9    None of the benefits provided for in this Article shall be
10paid to any person who otherwise would receive a survivor
11benefit who is convicted of any felony relating to or arising
12out of or in connection with the service of the teacher from
13whom the benefit results.
14    None of the benefits provided for in this Article shall be
15paid to any person who first becomes a member after the
16effective date of this amendatory Act of the 101st General
17Assembly and who the Board determines under Section 17-143.6 to
18have sexually abused a student.
19    This Section shall not operate to impair any contract or
20vested right acquired prior to January 1, 1988, nor to preclude
21the right to a refund, and for the changes under Public Act
22100-334 this amendatory Act of the 100th General Assembly,
23shall not impair any contract or vested right acquired by a
24survivor prior to August 25, 2017 (the effective date of Public
25Act 100-334) this amendatory Act of the 100th General Assembly.

 

 

HB0276- 6 -LRB101 04654 RPS 49663 b

1The changes made by this amendatory Act of the 101st General
2Assembly shall not operate to impair any contract or vested
3right acquired before the effective date of this amendatory Act
4of the 101st General Assembly.
5    All teachers entering service after January 1, 1988 shall
6be deemed to have consented to the provisions of this Section
7as a condition of membership, and all participants entering
8service subsequent to August 25, 2017 (the effective date of
9Public Act 100-334) this amendatory Act of the 100th General
10Assembly shall be deemed to have consented to the provisions of
11Public Act 100-334 this amendatory Act as a condition of
12participation. All teachers entering service after the
13effective date of this amendatory Act of the 101st General
14Assembly shall be deemed to have consented to the provisions of
15this amendatory Act of the 101st General Assembly as a
16condition of membership.
17(Source: P.A. 100-334, eff. 8-25-17.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.