Bill Text: IL HB1277 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the General Provisions Article of the Illinois Pension Code. Provides that benefit or annuity payments to a member or participant in a retirement system or pension fund shall be suspended if the member or participant is indicted or charged by information with a felony and the board of the retirement system or pension fund determines that the felony relates to or arises out of or in connection with his or her service as a member or participant of the retirement system or pension fund. Provides that if the member or participant is not convicted of that felony, payment of the benefit or annuity shall resume and the retirement system or pension fund shall pay to the member or participant the amount of the suspended annuity or benefit payments with interest. Provides that if the member or participant is convicted of that felony, the suspended annuity or benefit payments shall not be paid to the member or participant. Provides that the amendatory Act applies without regard to whether the member or participant first became a member or participant of a retirement system or pension fund before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced) 2024-06-25 - Added Co-Sponsor Rep. Randy E. Frese [HB1277 Detail]

Download: Illinois-2023-HB1277-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1277 Introduced , by Rep. Amy Elik SYNOPSIS AS INTRODUCED:
40 ILCS 5/1-170 new
30 ILCS 805/8.47 new
Amends the General Provisions Article of the Illinois Pension Code. Provides that benefit or annuity payments to a member or participant in a retirement system or pension fund shall be suspended if the member or participant is indicted or charged by information with a felony and the board of the retirement system or pension fund determines that the felony relates to or arises out of or in connection with his or her service as a member or participant of the retirement system or pension fund. Provides that if the member or participant is not convicted of that felony, payment of the benefit or annuity shall resume and the retirement system or pension fund shall pay to the member or participant the amount of the suspended annuity or benefit payments with interest. Provides that if the member or participant is convicted of that felony, the suspended annuity or benefit payments shall not be paid to the member or participant. Provides that the amendatory Act applies without regard to whether the member or participant first became a member or participant of a retirement system or pension fund before the effective date of the amendatory Act. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB103 05884 RPS 50905 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB1277 LRB103 05884 RPS 50905 b
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 adding
Section 1-170 as follows:
(40 ILCS 5/1-170 new)
Sec. 1-170. Suspension of benefits; felony indictment or
charge. Notwithstanding any other provision of this Code,
benefit or annuity payments to a member or participant in a
retirement system or pension fund established under this Code
shall be suspended if the member or participant is indicted or
charged by information with a felony and the board of the
retirement system or pension fund determines that the felony
relates to or arises out of or in connection with his or her
service as a member or participant of the retirement system or
pension fund. If the member or participant is not convicted of
that felony, payment of the benefit or annuity shall resume
and the retirement system or pension fund shall pay to the
member or participant the amount of the suspended annuity or
benefit payments with interest, at a rate determined by the
board of the retirement system or pension fund. If the member
or participant is convicted of that felony, the suspended
annuity or benefit payments shall not be paid to the member or

HB1277 - 2 - LRB103 05884 RPS 50905 b
participant; however, the member or participant shall be
entitled to a refund of his or her contributions as provided in
the applicable provisions concerning forfeiture of benefits
for certain felony convictions. This Section applies without
regard to whether the member or participant first became a
member or participant of a retirement system or pension fund
before the effective date of this amendatory Act of the 103rd
General Assembly.
Section 90. The State Mandates Act is amended by adding
Section 8.47 as follows:
(30 ILCS 805/8.47 new)
Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by this amendatory
Act of the 103rd General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.