101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4999

 

Introduced 2/18/2020, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/3-147  from Ch. 108 1/2, par. 3-147
40 ILCS 5/5-227  from Ch. 108 1/2, par. 5-227

    Amends the Downstate Police and Chicago Police Articles of the Illinois Pension Code. Provides that for a person who first becomes a police officer on or after the effective date of the amendatory Act, none of the benefits provided in those Articles shall be paid to any person who is convicted of any felony (instead of any felony relating to or arising out of or in connection with his or her service as a police officer). Provides that none of the benefits provided for in those Articles shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony (instead of any felony relating to or arising out of or in connection with his or her service as a police officer) if the benefit results from the service of a police officer who first becomes a police officer on or after the effective date of the amendatory Act. Makes conforming and other changes. Effective immediately.


LRB101 15979 RPS 65340 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4999LRB101 15979 RPS 65340 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 3-147 and 5-227 as follows:
 
6    (40 ILCS 5/3-147)  (from Ch. 108 1/2, par. 3-147)
7    Sec. 3-147. Felony conviction. For a person who first
8became a police officer before the effective date of this
9amendatory Act of the 101st General Assembly, none None of the
10benefits provided in this Article shall be paid to any person
11who is convicted of any felony relating to or arising out of or
12in connection with his or her service as a police officer. For
13a person who first becomes a police officer on or after the
14effective date of this amendatory Act of the 101st General
15Assembly, none of the benefits provided in this Article shall
16be paid to any person who is convicted of any felony.
17    None of the benefits provided for in this Article shall be
18paid to any person who otherwise would receive a survivor
19benefit who is convicted of any felony relating to or arising
20out of or in connection with the service of the police officer
21from whom the benefit results if that police officer first
22became a police officer before the effective date of this
23amendatory Act of the 101st General Assembly. None of the

 

 

HB4999- 2 -LRB101 15979 RPS 65340 b

1benefits provided for in this Article shall be paid to any
2person who otherwise would receive a survivor benefit who is
3convicted of any felony if the benefit results from the service
4of a police officer who first becomes a police officer on or
5after the effective date of this amendatory Act of the 101st
6General Assembly.
7    This Section shall not impair any contract or vested right
8acquired prior to July 11, 1955 under any law continued in this
9Article, nor preclude the right to a refund, and for the
10changes under this amendatory Act of the 100th General
11Assembly, shall not impair any contract or vested right
12acquired by a survivor prior to the effective date of this
13amendatory Act of the 100th General Assembly. The changes made
14by this amendatory Act of the 101st General Assembly shall not
15impair any contract or vested right acquired by a survivor
16prior to the effective date of this amendatory Act of the 101st
17General Assembly.
18    All persons entering service subsequent to July 11, 1955
19are deemed to have consented to the provisions of this Section
20as a condition of coverage, and all participants entering
21service subsequent to the effective date of this amendatory Act
22of the 100th General Assembly shall be deemed to have consented
23to the provisions of this amendatory Act as a condition of
24participation. All persons entering service after the
25effective date of this amendatory Act of the 101st General
26Assembly shall be deemed to have consented to the provisions of

 

 

HB4999- 3 -LRB101 15979 RPS 65340 b

1this amendatory Act of the 101st General Assembly as a
2condition of participation.
3(Source: P.A. 100-334, eff. 8-25-17.)
 
4    (40 ILCS 5/5-227)  (from Ch. 108 1/2, par. 5-227)
5    Sec. 5-227. Felony conviction. For a person who first
6became a policeman before the effective date of this amendatory
7Act of the 101st General Assembly, none 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. For a person who
11first becomes a policeman on or after the effective date of
12this amendatory Act of the 101st General Assembly, none of the
13benefits provided in this Article shall be paid to any person
14who is convicted of any felony.
15    None of the benefits provided for in this Article shall be
16paid to any person who otherwise would receive a survivor
17benefit who is convicted of any felony relating to or arising
18out of or in connection with the service of the policeman from
19whom the benefit results if that policeman first became a
20policeman before the effective date of this amendatory Act of
21the 101st General Assembly. None of the benefits provided for
22in this Article shall be paid to any person who otherwise would
23receive a survivor benefit who is convicted of any felony if
24the benefit results from the service of a policeman who first
25becomes a policeman on or after the effective date of this

 

 

HB4999- 4 -LRB101 15979 RPS 65340 b

1amendatory Act of the 101st General Assembly.
2    None of the benefits provided for in this Article shall be
3paid to any person who is convicted of any felony while in
4receipt of disability benefits.
5    For a person who first became a policeman before the
6effective date of this amendatory Act of the 101st General
7Assembly, none None of the benefits provided for in this
8Article shall be paid to any person who is convicted of any
9felony relating to or arising out of or in connection with the
10intentional and wrongful death of a police officer, either
11active or retired, through whom such person would become
12eligible to receive, or is receiving, an annuity under this
13Article.
14    For a person who first became a policeman before the
15effective date of this amendatory Act of the 101st General
16Assembly, a A person who intentionally and unjustifiably causes
17delay in proceedings in which the person is ultimately
18convicted of a felony relating to or arising out of or in
19connection with his service as a policeman shall not be
20entitled to any benefits provided for in this Article on and
21after the filing date of the related indictment or charges.
22This paragraph applies to all persons whose felony conviction
23was entered on or after January 1, 2019.
24    For a person who first becomes a policeman on or after the
25effective date of this amendatory Act of the 101st General
26Assembly, a person who intentionally and unjustifiably causes

 

 

HB4999- 5 -LRB101 15979 RPS 65340 b

1delay in proceedings in which the person is ultimately
2convicted of a felony shall not be entitled to any benefits
3provided for in this Article on and after the filing date of
4the related indictment or charges.
5    Any refund required under this Article shall be calculated
6based on that person's contributions to the Fund, less the
7amount of any annuity benefit previously received by the person
8or his or her beneficiaries. This paragraph applies to all
9persons who make an application for refund to the Fund on or
10after January 1, 2019.
11    This Section shall not operate to impair any contract or
12vested right heretofore acquired under any law or laws
13continued in this Article, nor to preclude the right to a
14refund, and for the changes under this amendatory Act of the
15100th General Assembly, shall not impair any contract or vested
16right acquired by a survivor prior to the effective date of
17this amendatory Act of the 100th General Assembly. The changes
18made by this amendatory Act of the 101st General Assembly shall
19not impair any contract or vested right acquired by a survivor
20prior to the effective date of this amendatory Act of the 101st
21General Assembly.
22    All future entrants entering service subsequent to July 11,
231955, shall be deemed to have consented to the provisions of
24this Section as a condition of coverage, and all participants
25entering service subsequent to the effective date of this
26amendatory Act of the 100th General Assembly shall be deemed to

 

 

HB4999- 6 -LRB101 15979 RPS 65340 b

1have consented to the provisions of this amendatory Act as a
2condition of participation. All persons entering service after
3the effective date of this amendatory Act of the 101st General
4Assembly shall be deemed to have consented to the provisions of
5this amendatory Act of the 101st General Assembly as a
6condition of participation.
7(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.