HB3651 102ND GENERAL ASSEMBLY

LRB102 10794 RPS 16124 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3651

Introduced 2/22/2021, 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.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Sections 16-169.1, 16-199, 17-143.5, and 17-149.1 and by adding Sections 16-169.2 and 17-143.6 as follows:

(40 ILCS 5/16-169.1)

Sec. 16-169.1. Testimony and the production of records. The secretary of the Board shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents and records, including law enforcement records maintained by law enforcement agencies, in conjunction with the determination of employer payments required under subsection (f) of Section 16-158, a disability claim, an administrative review proceeding, an attempt to obtain information to assist in the collection of sums due to the System, or a felony forfeiture investigation under Section 16-169.2 or 16-199. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena. The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section. Subpoenas issued under this Section shall be subject to applicable provisions of the Code of Civil Procedure.

(Source: P.A. 99-450, eff. 8-24-15.)

(40 ILCS 5/16-169.2 new)

Sec. 16-169.2. Sexual abuse accusations. An employer must notify the Board if a retiring member has been accused of sexually abusing a student. The Board may, through an administrative hearing, review the claim of sexual abuse and may order that the member's benefits be forfeited under Section 16-199.

(40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)

Sec. 16-199. Felony conviction; sexual abuse of a student. None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a teacher.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the teacher from whom the benefit results.

None of the benefits provided for in this Article shall be paid to any person who first becomes a member after the effective date of this amendatory Act of the 102nd General Assembly and who the Board determines under Section 16-169.2 to have sexually abused a student.

This Section shall not operate to impair any contract or vested right acquired prior to July 9, 1955 under any law or laws continued in this Article, nor to preclude the right to a refund, and for the changes under Public Act 100-334 this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334) this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not operate to impair any contract or vested right acquired before the effective date of this amendatory Act of the 102nd General Assembly. The System may sue any such person to collect all moneys paid in excess of refundable contributions.

All teachers entering or re-entering service after July 9, 1955 shall be deemed to have consented to the provisions of this Section as a condition of membership, and all participants entering service subsequent to August 25, 2017 (the effective date of Public Act 100-334) this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of Public Act 100-334 this amendatory Act as a condition of participation. All teachers entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of membership.

(Source: P.A. 100-334, eff. 8-25-17.)

(40 ILCS 5/17-143.5)

Sec. 17-143.5. Testimony and the production of records. The Board shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents and records in conjunction with the determination of employer payments required under subsection (c) of Section 17-116, a disability claim, an administrative review proceeding, an attempt to obtain information to assist in the collection of sums due to the Fund, or a felony forfeiture investigation under Section 17-143.6 or 17-149.1. The fees of witnesses for attendance and travel shall be the same as the fees of witnesses before the circuit courts of this State and shall be paid by the party seeking the subpoena. The Board may apply to any circuit court in the State for an order requiring compliance with a subpoena issued under this Section. Subpoenas issued under this Section shall be subject to applicable provisions of the Code of Civil Procedure.

(Source: P.A. 99-786, eff. 8-12-16.)

(40 ILCS 5/17-143.6 new)

Sec. 17-143.6. Sexual abuse accusations. An Employer must notify the Board if a retiring member has been accused of sexually abusing a student. The Board may, through an administrative hearing, review the claim of sexual abuse and may order that the member's benefits be forfeited under Section 17-149.1.

(40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)

Sec. 17-149.1. Felony conviction; sexual abuse of a student. None of the benefits provided for in this Article shall be paid to any person who is convicted of any felony relating to or arising out of or in connection with his or her service as a teacher.

None of the benefits provided for in this Article shall be paid to any person who otherwise would receive a survivor benefit who is convicted of any felony relating to or arising out of or in connection with the service of the teacher from whom the benefit results.

None of the benefits provided for in this Article shall be paid to any person who first becomes a member after the effective date of this amendatory Act of the 102nd General Assembly and who the Board determines under Section 17-143.6 to have sexually abused a student.

This Section shall not operate to impair any contract or vested right acquired prior to January 1, 1988, nor to preclude the right to a refund, and for the changes under Public Act 100-334 this amendatory Act of the 100th General Assembly, shall not impair any contract or vested right acquired by a survivor prior to August 25, 2017 (the effective date of Public Act 100-334) this amendatory Act of the 100th General Assembly. The changes made by this amendatory Act of the 102nd General Assembly shall not operate to impair any contract or vested right acquired before the effective date of this amendatory Act of the 102nd General Assembly.

All teachers entering service after January 1, 1988 shall be deemed to have consented to the provisions of this Section as a condition of membership, and all participants entering service subsequent to August 25, 2017 (the effective date of Public Act 100-334) this amendatory Act of the 100th General Assembly shall be deemed to have consented to the provisions of Public Act 100-334 this amendatory Act as a condition of participation. All teachers entering service after the effective date of this amendatory Act of the 102nd General Assembly shall be deemed to have consented to the provisions of this amendatory Act of the 102nd General Assembly as a condition of membership.

(Source: P.A. 100-334, eff. 8-25-17.)

Section 99. Effective date. This Act takes effect upon becoming law.