Illinois-2023-HB4820-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4820

Introduced 2/6/2024, by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:

`40 ILCS 5/2-156`	`from Ch. 108 1/2, par. 2-156`
`40 ILCS 5/3-147`	`from Ch. 108 1/2, par. 3-147`
`40 ILCS 5/4-138`	`from Ch. 108 1/2, par. 4-138`
`40 ILCS 5/5-227`	`from Ch. 108 1/2, par. 5-227`
`40 ILCS 5/6-221`	`from Ch. 108 1/2, par. 6-221`
`40 ILCS 5/7-219`	`from Ch. 108 1/2, par. 7-219`
`40 ILCS 5/8-251`	`from Ch. 108 1/2, par. 8-251`
`40 ILCS 5/9-235`	`from Ch. 108 1/2, par. 9-235`
`40 ILCS 5/10-109`
`40 ILCS 5/11-230`	`from Ch. 108 1/2, par. 11-230`
`40 ILCS 5/12-191`	`from Ch. 108 1/2, par. 12-191`
`40 ILCS 5/13-807`	`from Ch. 108 1/2, par. 13-807`
`40 ILCS 5/14-149`	`from Ch. 108 1/2, par. 14-149`
`40 ILCS 5/15-187`	`from Ch. 108 1/2, par. 15-187`
`40 ILCS 5/16-199`	`from Ch. 108 1/2, par. 16-199`
`40 ILCS 5/17-149.1`	`from Ch. 108 1/2, par. 17-149.1`
`40 ILCS 5/18-163`	`from Ch. 108 1/2, par. 18-163`

Amends the Illinois Pension Code. In provisions concerning forfeiture of benefits for certain felony convictions, provides that the forfeiture of benefits applies immediately after the felony conviction is entered, notwithstanding whether the person has been sentenced for that felony. Provides that the changes made by the amendatory Act apply to felony convictions entered on or after the effective date of the amendatory Act.

LRB103 37943 RPS 68075 b

A BILL FOR

HB4820

LRB103 37943 RPS 68075 b

1 AN ACT concerning public employee benefits.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Pension Code is amended by

5 changing Sections 2-156, 3-147, 4-138, 5-227, 6-221, 7-219,

6 8-251, 9-235, 10-109, 11-230, 12-191, 13-807, 14-149, 15-187,

7 16-199, 17-149.1, and 18-163 as follows:

8 (40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)

9 Sec. 2-156. Felony conviction. None of the benefits herein

10 provided for shall be paid to any person who is convicted of

11 any felony relating to or arising out of or in connection with

12 his or her service as a member.

13 None of the benefits provided for in this Article shall be

14 paid to any person who otherwise would receive a survivor

15 benefit who is convicted of any felony relating to or arising

16 out of or in connection with the service of the member from

17 whom the benefit results.

18 The forfeiture of benefits under this Section applies

19 immediately after the felony conviction is entered,

20 notwithstanding whether the person has been sentenced for that

21 felony. This paragraph applies to felony convictions entered

22 on or after the effective date of this amendatory Act of the

23 103rd General Assembly.

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LRB103 37943 RPS 68075 b

1 This Section shall not operate to impair any contract or

2 vested right acquired prior to July 11, 1955 under any law or

3 laws continued in this Article, nor to preclude the right to a

4 refund, and for the changes under this amendatory Act of the

5 100th General Assembly, shall not impair any contract or

6 vested right acquired by a survivor prior to the effective

7 date of this amendatory Act of the 100th General Assembly.

8 All participants entering service subsequent to July 11,

9 1955 shall be deemed to have consented to the provisions of

10 this Section as a condition of participation, and all

11 participants entering service subsequent to the effective date

12 of this amendatory Act of the 100th General Assembly shall be

13 deemed to have consented to the provisions of this amendatory

14 Act as a condition of participation.

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

16 (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)

17 Sec. 3-147. Felony conviction. None of the benefits

18 provided in this Article shall be paid to any person who is

19 convicted of any felony relating to or arising out of or in

20 connection with his or her service as a police officer.

21 None of the benefits provided for in this Article shall be

22 paid to any person who otherwise would receive a survivor

23 benefit who is convicted of any felony relating to or arising

24 out of or in connection with the service of the police officer

25 from whom the benefit results.

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LRB103 37943 RPS 68075 b

1 The forfeiture of benefits under this Section applies

2 immediately after the felony conviction is entered,

3 notwithstanding whether the person has been sentenced for that

4 felony. This paragraph applies to felony convictions entered

5 on or after the effective date of this amendatory Act of the

6 103rd General Assembly.

7 This Section shall not impair any contract or vested right

8 acquired prior to July 11, 1955 under any law continued in this

9 Article, nor preclude the right to a refund, and for the

10 changes under this amendatory Act of the 100th General

11 Assembly, shall not impair any contract or vested right

12 acquired by a survivor prior to the effective date of this

13 amendatory Act of the 100th General Assembly.

14 All persons entering service subsequent to July 11, 1955

15 are deemed to have consented to the provisions of this Section

16 as a condition of coverage, and all participants entering

17 service subsequent to the effective date of this amendatory

18 Act of the 100th General Assembly shall be deemed to have

19 consented to the provisions of this amendatory Act as a

20 condition of participation.

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

22 (40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)

23 Sec. 4-138. Felony conviction. None of the benefits

24 provided under this Article shall be paid to any person who is

25 convicted of any felony relating to or arising out of or in

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LRB103 37943 RPS 68075 b

1 connection with service as a firefighter.

2 None of the benefits provided for in this Article shall be

3 paid to any person who otherwise would receive a survivor

4 benefit who is convicted of any felony relating to or arising

5 out of or in connection with the service of the firefighter

6 from whom the benefit results.

7 The forfeiture of benefits under this Section applies

8 immediately after the felony conviction is entered,

9 notwithstanding whether the person has been sentenced for that

10 felony. This paragraph applies to felony convictions entered

11 on or after the effective date of this amendatory Act of the

12 103rd General Assembly.

13 This Section shall not impair any contract or vested right

14 acquired prior to July 11, 1955 under any law continued in this

15 Article, nor preclude the right to a refund, and for the

16 changes under this amendatory Act of the 100th General

17 Assembly, shall not impair any contract or vested right

18 acquired by a survivor prior to the effective date of this

19 amendatory Act of the 100th General Assembly.

20 All persons entering service subsequent to July 11, 1955,

21 are deemed to have consented to the provisions of this Section

22 as a condition of coverage, and all participants entering

23 service subsequent to the effective date of this amendatory

24 Act of the 100th General Assembly shall be deemed to have

25 consented to the provisions of this amendatory Act as a

26 condition of participation.

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LRB103 37943 RPS 68075 b

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

2 (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)

3 Sec. 5-227. Felony conviction. None of the benefits

4 provided for in this Article shall be paid to any person who is

5 convicted of any felony relating to or arising out of or in

6 connection with his service as a policeman.

7 None of the benefits provided for in this Article shall be

8 paid to any person who otherwise would receive a survivor

9 benefit who is convicted of any felony relating to or arising

10 out of or in connection with the service of the policeman from

11 whom the benefit results.

12 None of the benefits provided for in this Article shall be

13 paid to any person who is convicted of any felony while in

14 receipt of disability benefits.

15 None of the benefits provided for in this Article shall be

16 paid to any person who is convicted of any felony relating to

17 or arising out of or in connection with the intentional and

18 wrongful death of a police officer, either active or retired,

19 through whom such person would become eligible to receive, or

20 is receiving, an annuity under this Article.

21 A person who intentionally and unjustifiably causes delay

22 in proceedings in which the person is ultimately convicted of

23 a felony relating to or arising out of or in connection with

24 his service as a policeman shall not be entitled to any

25 benefits provided for in this Article on and after the filing

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LRB103 37943 RPS 68075 b

1 date of the related indictment

or charges. This paragraph

2 applies to all persons whose felony conviction was entered on

3 or after January 1, 2019.

4 Except for a person who intentionally and unjustifiably

5 causes delay in proceedings in which the person is ultimately

6 convicted of a felony relating to or arising out of or in

7 connection with his service as a policeman, the forfeiture of

8 benefits under this Section applies immediately after the

9 conviction is entered, notwithstanding whether the person has

10 been sentenced for that felony. This paragraph applies to

11 felony convictions entered on or after the effective date of

12 this amendatory Act of the 103rd General Assembly.

13 Any refund required under this Article shall be calculated

14 based on that person's contributions to the Fund, less the

15 amount of any annuity benefit previously received by the

16 person or his or her beneficiaries. This paragraph applies to

17 all persons who make an application for refund to the Fund on

18 or after January 1, 2019.

19 This Section shall not operate to impair any contract or

20 vested right heretofore acquired under any law or laws

21 continued in this Article, nor to preclude the right to a

22 refund, and for the changes under this amendatory Act of the

23 100th General Assembly, shall not impair any contract or

24 vested right acquired by a survivor prior to the effective

25 date of this amendatory Act of the 100th General Assembly.

26 All future entrants entering service subsequent to July

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LRB103 37943 RPS 68075 b

1 11, 1955, shall be deemed to have consented to the provisions

2 of this Section as a condition of coverage, and all

3 participants entering service subsequent to the effective date

4 of this amendatory Act of the 100th General Assembly shall be

5 deemed to have consented to the provisions of this amendatory

6 Act as a condition of participation.

7 (Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)

8 (40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)

9 Sec. 6-221. Felony conviction. None of the benefits

10 provided in this Article shall be paid to any person who is

11 convicted of any felony relating to or arising out of or in

12 connection with his service as a fireman.

13 None of the benefits provided for in this Article shall be

14 paid to any person who otherwise would receive a survivor

15 benefit who is convicted of any felony relating to or arising

16 out of or in connection with the service of the fireman from

17 whom the benefit results.

18 The forfeiture of benefits under this Section applies

19 immediately after the felony conviction is entered,

20 notwithstanding whether the person has been sentenced for that

21 felony. This paragraph applies to felony convictions entered

22 on or after the effective date of this amendatory Act of the

23 103rd General Assembly.

24 This Section shall not operate to impair any contract or

25 vested right heretofore acquired under any law or laws

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LRB103 37943 RPS 68075 b

1 continued in this Article, nor to preclude the right to a

2 refund, and for the changes under this amendatory Act of the

3 100th General Assembly, shall not impair any contract or

4 vested right acquired by a survivor prior to the effective

5 date of this amendatory Act of the 100th General Assembly.

6 All future entrants after July 11, 1955 shall be deemed to

7 have consented to the provisions of this section as a

8 condition of coverage, and all participants entering service

9 subsequent to the effective date of this amendatory Act of the

10 100th General Assembly shall be deemed to have consented to

11 the provisions of this amendatory Act as a condition of

12 participation.

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

14 (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)

15 Sec. 7-219. Felony conviction. None of the benefits

16 provided for in this Article shall be paid to any person who is

17 convicted of any felony relating to or arising out of or in

18 connection with his service as an employee.

19 None of the benefits provided for in this Article shall be

20 paid to any person who otherwise would receive a survivor

21 benefit who is convicted of any felony relating to or arising

22 out of or in connection with the service of the employee from

23 whom the benefit results.

24 The forfeiture of benefits under this Section applies

25 immediately after the felony conviction is entered,

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LRB103 37943 RPS 68075 b

1 notwithstanding whether the person has been sentenced for that

2 felony. This paragraph applies to felony convictions entered

3 on or after the effective date of this amendatory Act of the

4 103rd General Assembly.

5 This Section shall not operate to impair any contract or

6 vested right heretofore acquired under any law or laws

7 continued in this Article, nor to preclude the right to a

8 refund, and for the changes under this amendatory Act of the

9 100th General Assembly, shall not impair any contract or

10 vested right acquired by a survivor prior to the effective

11 date of this amendatory Act of the 100th General Assembly.

12 All future entrants entering service subsequent to July 9,

13 1955 shall be deemed to have consented to the provisions of

14 this Section as a condition of coverage, and all participants

15 entering service subsequent to the effective date of this

16 amendatory Act of the 100th General Assembly shall be deemed

17 to have consented to the provisions of this amendatory Act as a

18 condition of participation.

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

20 (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)

21 Sec. 8-251. Felony conviction. None of the benefits

22 provided for in this Article shall be paid to any person who is

23 convicted of any felony relating to or arising out of or in

24 connection with his service as a municipal employee.

25 None of the benefits provided for in this Article shall be

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LRB103 37943 RPS 68075 b

1 paid to any person who otherwise would receive a survivor

2 benefit who is convicted of any felony relating to or arising

3 out of or in connection with the service of the employee from

4 whom the benefit results.

5 The forfeiture of benefits under this Section applies

6 immediately after the felony conviction is entered,

7 notwithstanding whether the person has been sentenced for that

8 felony. This paragraph applies to felony convictions entered

9 on or after the effective date of this amendatory Act of the

10 103rd General Assembly.

11 This Section shall not operate to impair any contract or

12 vested right heretofore acquired under any law or laws

13 continued in this Article, nor to preclude the right to a

14 refund, and for the changes under Public Act 100-334, shall

15 not impair any contract or vested right acquired by a survivor

16 prior to August 25, 2017 (the effective date of Public Act

17 100-334).

18 Any refund required under this Article shall be calculated

19 based on that person's contributions to the Fund, less the

20 amount of any annuity benefit previously received by the

21 person or his or her beneficiaries. The changes made to this

22 Section by Public Act 100-23 apply only to persons who first

23 become participants under this Article on or after July 6,

24 2017 (the effective date of Public Act 100-23).

25 All future entrants entering service subsequent to July

26 11, 1955 shall be deemed to have consented to the provisions of

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LRB103 37943 RPS 68075 b

1 this Section as a condition of coverage, and all participants

2 entering service subsequent to August 25, 2017 (the effective

3 date of Public Act 100-334) shall be deemed to have consented

4 to the provisions of Public Act 100-334 as a condition of

5 participation.

6 (Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;

7 100-863, eff. 8-14-18.)

8 (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)

9 Sec. 9-235. Felony conviction. None of the benefits

10 provided in this Article shall be paid to any person who is

11 convicted of any felony relating to or arising out of or in

12 connection with his service as an employee.

13 None of the benefits provided for in this Article shall be

14 paid to any person who otherwise would receive a survivor

15 benefit who is convicted of any felony relating to or arising

16 out of or in connection with the service of the employee from

17 whom the benefit results.

18 The forfeiture of benefits under this Section applies

19 immediately after the felony conviction is entered,

20 notwithstanding whether the person has been sentenced for that

21 felony. This paragraph applies to felony convictions entered

22 on or after the effective date of this amendatory Act of the

23 103rd General Assembly.

24 This Section shall not operate to impair any contract or

25 vested right heretofore acquired under any law or laws

HB4820

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LRB103 37943 RPS 68075 b

1 continued in this Article, nor to preclude the right to a

2 refund, and for the changes under this amendatory Act of the

3 100th General Assembly, shall not impair any contract or

4 vested right acquired by a survivor prior to the effective

5 date of this amendatory Act of the 100th General Assembly.

6 All future entrants entering service after July 11, 1955,

7 shall be deemed to have consented to the provisions of this

8 section as a condition of coverage, and all participants

9 entering service subsequent to the effective date of this

10 amendatory Act of the 100th General Assembly shall be deemed

11 to have consented to the provisions of this amendatory Act as a

12 condition of participation.

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

14 (40 ILCS 5/10-109)

15 Sec. 10-109. Felony conviction. None of the benefits

16 provided in this Article shall be paid to any person who is

17 convicted of any felony relating to or arising out of or in

18 connection with his service as an employee.

19 None of the benefits provided for in this Article shall be

20 paid to any person who otherwise would receive a survivor

21 benefit who is convicted of any felony relating to or arising

22 out of or in connection with the service of the employee from

23 whom the benefit results.

24 The forfeiture of benefits under this Section applies

25 immediately after the felony conviction is entered,

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LRB103 37943 RPS 68075 b

1 notwithstanding whether the person has been sentenced for that

2 felony. This paragraph applies to felony convictions entered

3 on or after the effective date of this amendatory Act of the

4 103rd General Assembly.

5 This Section shall not operate to impair any contract or

6 vested right heretofore acquired under any law or laws

7 continued in this Article, nor to preclude the right to a

8 refund, and for the changes under this amendatory Act of the

9 100th General Assembly, shall not impair any contract or

10 vested right acquired by a survivor prior to the effective

11 date of this amendatory Act of the 100th General Assembly.

12 All future entrants entering service after the effective

13 date of this amendatory Act of the 95th General Assembly shall

14 be deemed to have consented to the provisions of this Section

15 as a condition of coverage, and all participants entering

16 service subsequent to the effective date of this amendatory

17 Act of the 100th General Assembly shall be deemed to have

18 consented to the provisions of this amendatory Act as a

19 condition of participation.

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

21 (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)

22 Sec. 11-230. Felony conviction. None of the benefits

23 provided in this Article shall be paid to any person who is

24 convicted of any felony relating to or arising out of or in

25 connection with his service as employee.

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LRB103 37943 RPS 68075 b

1 None of the benefits provided for in this Article shall be

2 paid to any person who otherwise would receive a survivor

3 benefit who is convicted of any felony relating to or arising

4 out of or in connection with the service of the employee from

5 whom the benefit results.

6 The forfeiture of benefits under this Section applies

7 immediately after the felony conviction is entered,

8 notwithstanding whether the person has been sentenced for that

9 felony. This paragraph applies to felony convictions entered

10 on or after the effective date of this amendatory Act of the

11 103rd General Assembly.

12 This Section shall not operate to impair any contract or

13 vested right heretofore acquired under any law or laws

14 continued in this Article, nor to preclude the right to a

15 refund, and for the changes under Public Act 100-334, shall

16 not impair any contract or vested right acquired by a survivor

17 prior to August 25, 2017 (the effective date of Public Act

18 100-334).

19 Any refund required under this Article shall be calculated

20 based on that person's contributions to the Fund, less the

21 amount of any annuity benefit previously received by the

22 person or his or beneficiaries. The changes made to this

23 Section by Public Act 100-23 apply only to persons who first

24 become members or participants under this Article on or after

25 July 6, 2017 (the effective date of Public Act 100-23).

26 All future entrants entering service after July 11, 1955,

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LRB103 37943 RPS 68075 b

1 shall be deemed to have consented to the provisions of this

2 Section as a condition of coverage, and all participants

3 entering service subsequent to August 25, 2017 (the effective

4 date of Public Act 100-334) shall be deemed to have consented

5 to the provisions of Public Act 100-334 as a condition of

6 participation.

7 (Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;

8 100-863, eff. 8-14-18.)

9 (40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)

10 Sec. 12-191. Felony conviction. None of the benefits

11 provided for in this Article shall be paid to any person who is

12 convicted of any felony relating to or arising out of or in

13 connection with his service as an employee.

14 None of the benefits provided for in this Article shall be

15 paid to any person who otherwise would receive a survivor

16 benefit who is convicted of any felony relating to or arising

17 out of or in connection with the service of the employee from

18 whom the benefit results.

19 The forfeiture of benefits under this Section applies

20 immediately after the felony conviction is entered,

21 notwithstanding whether the person has been sentenced for that

22 felony. This paragraph applies to felony convictions entered

23 on or after the effective date of this amendatory Act of the

24 103rd General Assembly.

25 This Section shall not operate to impair any contract or

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LRB103 37943 RPS 68075 b

1 vested right heretofore acquired under any law or laws

2 continued in this Article, nor to preclude the right to a

3 refund, and for the changes under this amendatory Act of the

4 100th General Assembly, shall not impair any contract or

5 vested right acquired by a survivor prior to the effective

6 date of this amendatory Act of the 100th General Assembly.

7 All future entrants entering service subsequent to July

8 11, 1955 shall be deemed to have consented to the provisions of

9 this section as a condition of coverage, and all participants

10 entering service subsequent to the effective date of this

11 amendatory Act of the 100th General Assembly shall be deemed

12 to have consented to the provisions of this amendatory Act as a

13 condition of participation.

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

15 (40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)

16 Sec. 13-807. Felony conviction. None of the benefits

17 provided in this Article shall be paid to any person who is

18 convicted of any felony relating to or arising out of or in

19 connection with service as an employee.

20 None of the benefits provided for in this Article shall be

21 paid to any person who otherwise would receive a survivor

22 benefit who is convicted of any felony relating to or arising

23 out of or in connection with the service of the employee from

24 whom the benefit results.

25 The forfeiture of benefits under this Section applies

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LRB103 37943 RPS 68075 b

1 immediately after the felony conviction is entered,

2 notwithstanding whether the person has been sentenced for that

3 felony. This paragraph applies to felony convictions entered

4 on or after the effective date of this amendatory Act of the

5 103rd General Assembly.

6 This Section shall not operate to impair any contract or

7 vested right heretofore acquired under any law or laws

8 continued in this Article, nor to preclude the right to a

9 refund, and for the changes under this amendatory Act of the

10 100th General Assembly, shall not impair any contract or

11 vested right acquired by a survivor prior to the effective

12 date of this amendatory Act of the 100th General Assembly.

13 All persons entering service subsequent to July 11, 1955

14 shall be deemed to have consented to the provisions of this

15 Section as a condition of coverage, and all participants

16 entering service subsequent to the effective date of this

17 amendatory Act of the 100th General Assembly shall be deemed

18 to have consented to the provisions of this amendatory Act as a

19 condition of participation.

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

21 (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)

22 Sec. 14-149. Felony conviction. None of the benefits

23 herein provided for shall be paid to any person who is

24 convicted of any felony relating to or arising out of or in

25 connection with his service as an employee.

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LRB103 37943 RPS 68075 b

1 None of the benefits provided for in this Article shall be

2 paid to any person who otherwise would receive a survivor

3 benefit who is convicted of any felony relating to or arising

4 out of or in connection with the service of the employee from

5 whom the benefit results.

6 The forfeiture of benefits under this Section applies

7 immediately after the felony conviction is entered,

8 notwithstanding whether the person has been sentenced for that

9 felony. This paragraph applies to felony convictions entered

10 on or after the effective date of this amendatory Act of the

11 103rd General Assembly.

12 This Section shall not operate to impair any contract or

13 vested right heretofore acquired under any law or laws

14 continued in this Article nor to preclude the right to a

15 refund, and for the changes under this amendatory Act of the

16 100th General Assembly, shall not impair any contract or

17 vested right acquired by a survivor prior to the effective

18 date of this amendatory Act of the 100th General Assembly.

19 All future entrants entering service subsequent to July 9,

20 1955 shall be deemed to have consented to the provisions of

21 this section as a condition of coverage, and all participants

22 entering service subsequent to the effective date of this

23 amendatory Act of the 100th General Assembly shall be deemed

24 to have consented to the provisions of this amendatory Act as a

25 condition of participation.

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

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LRB103 37943 RPS 68075 b

1 (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)

2 Sec. 15-187. Felony conviction. None of the benefits

3 provided under this Article shall be paid to any person who is

4 convicted of any felony relating to or arising out of or in

5 connection with a person's service as an employee from which

6 the benefit derives.

7 The forfeiture of benefits under this Section applies

8 immediately after the felony conviction is entered,

9 notwithstanding whether the person has been sentenced for that

10 felony. This paragraph applies to felony convictions entered

11 on or after the effective date of this amendatory Act of the

12 103rd General Assembly.

13 This Section shall not operate to impair any contract or

14 vested right heretofore acquired under any law or laws

15 continued in this Article, nor to preclude the right to a

16 refund. The changes made to this Section by this amendatory

17 Act of the 100th General Assembly shall not impair any

18 contract or vested right acquired prior to the effective date

19 of this amendatory Act of the 100th General Assembly. No

20 refund paid to any person who is convicted of a felony relating

21 to or arising out of or in connection with the person's service

22 as an employee shall include employer contributions or

23 interest or, in the case of the self-managed plan authorized

24 under Section 15-158.2, any employer contributions or

25 investment return on such employer contributions.

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LRB103 37943 RPS 68075 b

1 All persons entering service subsequent to July 9, 1955

2 shall be deemed to have consented to the provisions of this

3 Section as a condition of coverage, and all participants

4 entering service on or subsequent to the effective date of

5 this amendatory Act of the 100th General Assembly shall be

6 deemed to have consented to the provisions of this amendatory

7 Act as a condition of participation.

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

9 (40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)

10 Sec. 16-199. Felony conviction. None of the benefits

11 provided for in this Article shall be paid to any person who is

12 convicted of any felony relating to or arising out of or in

13 connection with his or her service as a teacher.

14 None of the benefits provided for in this Article shall be

15 paid to any person who otherwise would receive a survivor

16 benefit who is convicted of any felony relating to or arising

17 out of or in connection with the service of the teacher from

18 whom the benefit results.

19 The forfeiture of benefits under this Section applies

20 immediately after the felony conviction is entered,

21 notwithstanding whether the person has been sentenced for that

22 felony. This paragraph applies to felony convictions entered

23 on or after the effective date of this amendatory Act of the

24 103rd General Assembly.

25 This Section shall not operate to impair any contract or

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LRB103 37943 RPS 68075 b

1 vested right acquired prior to July 9, 1955 under any law or

2 laws continued in this Article, nor to preclude the right to a

3 refund, and for the changes under this amendatory Act of the

4 100th General Assembly, shall not impair any contract or

5 vested right acquired by a survivor prior to the effective

6 date of this amendatory Act of the 100th General Assembly. The

7 System may sue any such person to collect all moneys paid in

8 excess of refundable contributions.

9 All teachers entering or re-entering service after July 9,

10 1955 shall be deemed to have consented to the provisions of

11 this Section as a condition of membership, and all

12 participants entering service subsequent to the effective date

13 of this amendatory Act of the 100th General Assembly shall be

14 deemed to have consented to the provisions of this amendatory

15 Act as a condition of participation.

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

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

18 Sec. 17-149.1. Felony conviction. None of the benefits

19 provided for in this Article shall be paid to any person who is

20 convicted of any felony relating to or arising out of or in

21 connection with his or her service as a teacher.

22 None of the benefits provided for in this Article shall be

23 paid to any person who otherwise would receive a survivor

24 benefit who is convicted of any felony relating to or arising

25 out of or in connection with the service of the teacher from

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LRB103 37943 RPS 68075 b

1 whom the benefit results.

2 The forfeiture of benefits under this Section applies

3 immediately after the felony conviction is entered,

4 notwithstanding whether the person has been sentenced for that

5 felony. This paragraph applies to felony convictions entered

6 on or after the effective date of this amendatory Act of the

7 103rd General Assembly.

8 This Section shall not operate to impair any contract or

9 vested right acquired prior to January 1, 1988, nor to

10 preclude the right to a refund, and for the changes under this

11 amendatory Act of the 100th General Assembly, shall not impair

12 any contract or vested right acquired by a survivor prior to

13 the effective date of this amendatory Act of the 100th General

14 Assembly.

15 All teachers entering service after January 1, 1988 shall

16 be deemed to have consented to the provisions of this Section

17 as a condition of membership, and all participants entering

18 service subsequent to the effective date of this amendatory

19 Act of the 100th General Assembly shall be deemed to have

20 consented to the provisions of this amendatory Act as a

21 condition of participation.

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

23 (40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)

24 Sec. 18-163. Felony conviction. None of the benefits

25 herein provided shall be paid to any person who is convicted of

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LRB103 37943 RPS 68075 b

1 any felony relating to or arising out of or in connection with

2 his or her service as a judge.

3 None of the benefits provided for in this Article shall be

4 paid to any person who otherwise would receive a survivor

5 benefit who is convicted of any felony relating to or arising

6 out of or in connection with the service of the judge from whom

7 the benefit results.

8 The forfeiture of benefits under this Section applies

9 immediately after the felony conviction is entered,

10 notwithstanding whether the person has been sentenced for that

11 felony. This paragraph applies to felony convictions entered

12 on or after the effective date of this amendatory Act of the

13 103rd General Assembly.

14 This Section shall not operate to impair any contract or

15 vested right acquired before July 9, 1955 under any law or laws

16 continued in this Article, nor to preclude the right to a

17 refund, and for the changes under this amendatory Act of the

18 100th General Assembly, shall not impair any contract or

19 vested right acquired by a survivor prior to the effective

20 date of this amendatory Act of the 100th General Assembly.

21 All participants entering service subsequent to July 9,

22 1955 are deemed to have consented to the provisions of this

23 Section as a condition of participation, and all participants

24 entering service subsequent to the effective date of this

25 amendatory Act of the 100th General Assembly shall be deemed

26 to have consented to the provisions of this amendatory Act as a

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LRB103 37943 RPS 68075 b