Bill Text: IL HB3670 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the General Assembly Article of the Illinois Pension Code. Provides that, if a member or annuitant is indicted for or charged with a felony, then the Board shall suspend the payment to that person of any benefit provided under the General Assembly Article of the Code from the date of that indictment or charging to the date of conviction, entry of a plea of guilty, or acquittal or dismissal of charges for that offense. Provides that, if a member or annuitant is convicted of or pleads guilty to a felony, other than a felony already requiring pension forfeiture under the General Assembly Article, then none of the benefits provided as a result of participation in the General Assembly Retirement System shall be paid to that person. Provides that a member or annuitant whose benefit payments are suspended and who is subsequently acquitted of or has charges dismissed for all offenses requiring suspension of those payments is entitled to all of the suspended payments that were due him or her and all earnings attributable to those payments. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3670 Detail]

Download: Illinois-2013-HB3670-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3670 Introduced , by Rep. Sandra M. Pihos SYNOPSIS AS INTRODUCED:
40 ILCS 5/2-156 from Ch. 108 1/2, par. 2-156
Amends the General Assembly Article of the Illinois Pension Code. Provides that, if a member or annuitant is indicted for or charged with a felony, then the Board shall suspend the payment to that person of any benefit provided under the General Assembly Article of the Code from the date of that indictment or charging to the date of conviction, entry of a plea of guilty, or acquittal or dismissal of charges for that offense. Provides that, if a member or annuitant is convicted of pleads guilty to a felony, other than a felony already requiring pension forfeiture under the General Assembly Article, then none of the benefits provided as a result of participation in the General Assembly Retirement System shall be paid to that person. Provides that a member or annuitant whose benefit payments are suspended and who is subsequently acquitted of or has charges dismissed for all offenses requiring suspension of those payments is entitled to all of the suspended payments that were due him or her and all earnings attributable to those payments. Effective immediately.
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FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
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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
Section 2-156 as follows:
(40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
Sec. 2-156. Felony indictment or conviction.
(a) If a member or annuitant is indicted for or charged
with a felony, then the Board shall suspend the payment to that
person of any benefit provided under this Article from the date
of that indictment or charging to the date of conviction, entry
of a plea of guilty, or acquittal or dismissal of charges for
that offense.
(b) None of the benefits herein provided for 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
member.
(c) If a member or annuitant is convicted of or pleads
guilty to a felony, other than a felony to which subsection (b)
applies, then none of the benefits provided under this Article
shall be paid to that person.
(d) A member or annuitant whose benefit payments are
suspended under subsection (a) and who is subsequently

HB3670 - 2 - LRB098 13671 JDS 48197 b
acquitted of or has charges dismissed for all offenses
requiring suspension of those payments is entitled to all of
the suspended payments that were due him or her and all
earnings attributable to those payments.
(e) This Section shall not operate to impair any contract
or vested right acquired prior to July 11, 1955 under any law
or laws continued in this Article, nor to preclude the right to
a refund.
(f) All participants entering service subsequent to July
11, 1955 shall be deemed to have consented to the provisions of
this Section as a condition of participation.
(g) The changes made to this Section by this amendatory Act
of the 98th General Assembly apply without regard to whether
the person was in active service on or after the effective date
of this amendatory Act of the 98th General Assembly.
(Source: P.A. 83-1440.)
Section 99. Effective date. This Act takes effect upon
becoming law.