State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_SB0553

      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 5/11-230          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.  Provides for  loss  of
      pension  benefits by a person who is (1) convicted of a Class
      X, Class 1, or Class 2 felony, (2)  impeached  and  convicted
      under  Article 4, Section 14 of the Illinois Constitution, or
      (3)  expelled  from  the  Illinois   Senate   or   House   of
      Representatives under Article 4, Section 6(d) of the Illinois
      Constitution   and  convicted  of  a  criminal  offense  that
      constitutes official misconduct in office.   Provides  for  a
      refund  of  the  person's  contributions,  without  interest.
      Applies  only  to persons who begin service and are convicted
      or removed from  office  on  or  after  the  effective  date.
      Effective immediately.
                                                    LRB9002762EGfgA
                                              LRB9002762EGfgA
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 2-156, 3-147, 4-138,  5-227,  6-221,  7-219,  8-251,
 3    9-235,   11-230,  12-191,  13-807,  14-149,  15-187,  16-199,
 4    17-149.1, and 18-163.
 5        Be it enacted by the People of  the  State  of  Illinois,
 6    represented in the General Assembly:
 7        Section  5.   The  Illinois  Pension  Code  is amended by
 8    changing Sections 2-156, 3-147, 4-138, 5-227,  6-221,  7-219,
 9    8-251, 9-235, 11-230, 12-191, 13-807, 14-149, 15-187, 16-199,
10    17-149.1, and 18-163 as follows:
11        (40 ILCS 5/2-156) (from Ch. 108 1/2, par. 2-156)
12        Sec. 2-156. Felony conviction.
13        (a)  None  of  the  benefits  herein provided for in this
14    Article shall be paid to any person who is convicted  of  any
15    felony  relating  to  or arising out of or in connection with
16    his or her service as a member.
17        This subsection Section shall not operate to  impair  any
18    contract  or  vested  right  acquired  prior to July 11, 1955
19    under any law or laws  continued  in  this  Article,  nor  to
20    preclude the right to a refund.
21        All  participants entering service subsequent to July 11,
22    1955 shall be deemed to have consented to the  provisions  of
23    this subsection Section as a condition of participation.
24        (b)  None  of  the  benefits provided for in this Article
25    shall be paid to a person who begins service on or after  the
26    effective  date of this amendatory Act of 1997 and who, on or
27    after that effective date, is (1) convicted  of  a  Class  X,
28    Class 1, or Class 2 felony, (2) impeached and convicted under
29    Article  4,  Section  14 of the Illinois Constitution, or (3)
30    expelled from the Illinois Senate or House of Representatives
31    under Article 4, Section 6(d) of  the  Illinois  Constitution
                            -2-               LRB9002762EGfgA
 1    and convicted of a criminal offense that constitutes official
 2    misconduct in office.
 3        A person beginning service on or after the effective date
 4    of  this  amendatory  Act  of  1997  shall  be deemed to have
 5    consented to the provisions of this subsection as a condition
 6    of participation.    This  subsection  does  not  impair  any
 7    contract  or  vested right acquired before the effective date
 8    of this amendatory  Act  of  1997  under  this  Code  or  any
 9    predecessor law.
10        A   person   whose  benefits  are  forfeited  under  this
11    subsection is entitled to a refund of the contributions  paid
12    by the person, without interest.
13    (Source: P.A. 83-1440.)
14        (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
15        Sec. 3-147. Felony conviction.
16        (a)  None  of the benefits provided in this Article shall
17    be paid to any person who is convicted of any felony relating
18    to or arising out of or in connection with his or her service
19    as a police officer.
20        This subsection Section shall not impair any contract  or
21    vested  right  acquired  prior to July 11, 1955 under any law
22    continued in this  Article,  nor  preclude  the  right  to  a
23    refund.
24        All  persons entering service subsequent to July 11, 1955
25    are deemed to  have  consented  to  the  provisions  of  this
26    subsection Section as a condition of coverage.
27        (b)  None  of  the  benefits provided for in this Article
28    shall be paid to a person who begins service on or after  the
29    effective  date of this amendatory Act of 1997 and who, on or
30    after that effective date, is (1) convicted  of  a  Class  X,
31    Class 1, or Class 2 felony, (2) impeached and convicted under
32    Article  4,  Section  14 of the Illinois Constitution, or (3)
33    expelled from the Illinois Senate or House of Representatives
                            -3-               LRB9002762EGfgA
 1    under Article 4, Section 6(d) of  the  Illinois  Constitution
 2    and convicted of a criminal offense that constitutes official
 3    misconduct in office.
 4        A person beginning service on or after the effective date
 5    of  this  amendatory  Act  of  1997  shall  be deemed to have
 6    consented to the provisions of this subsection as a condition
 7    of participation.    This  subsection  does  not  impair  any
 8    contract  or  vested right acquired before the effective date
 9    of this amendatory  Act  of  1997  under  this  Code  or  any
10    predecessor law.
11        A   person   whose  benefits  are  forfeited  under  this
12    subsection is entitled to a refund of the contributions  paid
13    by the person, without interest.
14    (Source: P.A. 83-1440.)
15        (40 ILCS 5/4-138) (from Ch. 108 1/2, par. 4-138)
16        Sec. 4-138. Felony conviction.
17        (a)  None  of  the  benefits  provided under this Article
18    shall be paid to any person who is convicted  of  any  felony
19    relating  to  or arising out of or in connection with service
20    as a firefighter.
21        This subsection Section shall not impair any contract  or
22    vested  right  acquired  prior to July 11, 1955 under any law
23    continued in this  Article,  nor  preclude  the  right  to  a
24    refund.
25        All persons entering service subsequent to July 11, 1955,
26    are  deemed  to  have  consented  to  the  provisions of this
27    subsection Section as a condition of coverage.
28        (b)  None of the benefits provided for  in  this  Article
29    shall  be paid to a person who begins service on or after the
30    effective date of this amendatory Act of 1997 and who, on  or
31    after  that  effective  date,  is (1) convicted of a Class X,
32    Class 1, or Class 2 felony, (2) impeached and convicted under
33    Article 4, Section 14 of the Illinois  Constitution,  or  (3)
                            -4-               LRB9002762EGfgA
 1    expelled from the Illinois Senate or House of Representatives
 2    under  Article  4,  Section 6(d) of the Illinois Constitution
 3    and convicted of a criminal offense that constitutes official
 4    misconduct in office.
 5        A person beginning service on or after the effective date
 6    of this amendatory Act  of  1997  shall  be  deemed  to  have
 7    consented to the provisions of this subsection as a condition
 8    of  participation.    This  subsection  does  not  impair any
 9    contract or vested right acquired before the  effective  date
10    of  this  amendatory  Act  of  1997  under  this  Code or any
11    predecessor law.
12        A  person  whose  benefits  are  forfeited   under   this
13    subsection  is entitled to a refund of the contributions paid
14    by the person, without interest.
15    (Source: P.A. 83-1440.)
16        (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
17        Sec. 5-227. Felony conviction.
18        (a)  None of the benefits provided for  in  this  Article
19    shall  be  paid  to any person who is convicted of any felony
20    relating to or arising out  of  or  in  connection  with  his
21    service as a policeman.
22        None  of  the benefits provided for in this Article shall
23    be paid to any person who is convicted of any felony while in
24    receipt of disability benefits.
25        None of the benefits provided for in this  Article  shall
26    be paid to any person who is convicted of any felony relating
27    to  or  arising  out of or in connection with the intentional
28    and wrongful death of a  police  officer,  either  active  or
29    retired,  through  whom  such person would become eligible to
30    receive, or is receiving, an annuity under this Article.
31        This subsection Section shall not operate to  impair  any
32    contract or vested right heretofore acquired under any law or
33    laws  continued in this Article, nor to preclude the right to
                            -5-               LRB9002762EGfgA
 1    a refund.
 2        All future entrants entering service subsequent  to  July
 3    11, 1955, shall be deemed to have consented to the provisions
 4    of this subsection Section as a condition of coverage.
 5        (b)  None  of  the  benefits provided for in this Article
 6    shall be paid to a person who begins service on or after  the
 7    effective  date of this amendatory Act of 1997 and who, on or
 8    after that effective date, is (1) convicted  of  a  Class  X,
 9    Class 1, or Class 2 felony, (2) impeached and convicted under
10    Article  4,  Section  14 of the Illinois Constitution, or (3)
11    expelled from the Illinois Senate or House of Representatives
12    under Article 4, Section 6(d) of  the  Illinois  Constitution
13    and convicted of a criminal offense that constitutes official
14    misconduct in office.
15        A person beginning service on or after the effective date
16    of  this  amendatory  Act  of  1997  shall  be deemed to have
17    consented to the provisions of this subsection as a condition
18    of participation.    This  subsection  does  not  impair  any
19    contract  or  vested right acquired before the effective date
20    of this amendatory  Act  of  1997  under  this  Code  or  any
21    predecessor law.
22        A   person   whose  benefits  are  forfeited  under  this
23    subsection is entitled to a refund of the contributions  paid
24    by the person, without interest.
25    (Source: P.A. 83-809.)
26        (40 ILCS 5/6-221) (from Ch. 108 1/2, par. 6-221)
27        Sec. 6-221. Felony conviction.
28        (a)  None  of the benefits provided in this Article shall
29    be paid to any person who is convicted of any felony relating
30    to or arising out of or in connection with his service  as  a
31    fireman.
32        This  subsection  Section shall not operate to impair any
33    contract or vested right heretofore acquired under any law or
                            -6-               LRB9002762EGfgA
 1    laws continued in this Article, nor to preclude the right  to
 2    a refund.
 3        All  future  entrants after July 11, 1955 shall be deemed
 4    to have  consented  to  the  provisions  of  this  subsection
 5    Section as a condition of coverage.
 6        (b)  None  of  the  benefits provided for in this Article
 7    shall be paid to a person who begins service on or after  the
 8    effective  date of this amendatory Act of 1997 and who, on or
 9    after that effective date, is (1) convicted  of  a  Class  X,
10    Class 1, or Class 2 felony, (2) impeached and convicted under
11    Article  4,  Section  14 of the Illinois Constitution, or (3)
12    expelled from the Illinois Senate or House of Representatives
13    under Article 4, Section 6(d) of  the  Illinois  Constitution
14    and convicted of a criminal offense that constitutes official
15    misconduct in office.
16        A person beginning service on or after the effective date
17    of  this  amendatory  Act  of  1997  shall  be deemed to have
18    consented to the provisions of this subsection as a condition
19    of participation.    This  subsection  does  not  impair  any
20    contract  or  vested right acquired before the effective date
21    of this amendatory  Act  of  1997  under  this  Code  or  any
22    predecessor law.
23        A   person   whose  benefits  are  forfeited  under  this
24    subsection is entitled to a refund of the contributions  paid
25    by the person, without interest.
26    (Source: Laws 1963, p. 161.)
27        (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
28        Sec. 7-219. Felony conviction.
29        (a)  None  of  the  benefits provided for in this Article
30    shall be paid to any person who is convicted  of  any  felony
31    relating  to  or  arising  out  of  or in connection with his
32    service as an employee.
33        This subsection Section shall not operate to  impair  any
                            -7-               LRB9002762EGfgA
 1    contract or vested right heretofore acquired under any law or
 2    laws  continued in this Article, nor to preclude the right to
 3    a refund.
 4        All future entrants entering service subsequent  to  July
 5    9,  1955  shall be deemed to have consented to the provisions
 6    of this subsection Section as a condition of coverage.
 7        (b)  None of the benefits provided for  in  this  Article
 8    shall  be paid to a person who begins service on or after the
 9    effective date of this amendatory Act of 1997 and who, on  or
10    after  that  effective  date,  is (1) convicted of a Class X,
11    Class 1, or Class 2 felony, (2) impeached and convicted under
12    Article 4, Section 14 of the Illinois  Constitution,  or  (3)
13    expelled from the Illinois Senate or House of Representatives
14    under  Article  4,  Section 6(d) of the Illinois Constitution
15    and convicted of a criminal offense that constitutes official
16    misconduct in office.
17        A person beginning service on or after the effective date
18    of this amendatory Act  of  1997  shall  be  deemed  to  have
19    consented to the provisions of this subsection as a condition
20    of  participation.    This  subsection  does  not  impair any
21    contract or vested right acquired before the  effective  date
22    of  this  amendatory  Act  of  1997  under  this  Code or any
23    predecessor law.
24        A  person  whose  benefits  are  forfeited   under   this
25    subsection  is entitled to a refund of the contributions paid
26    by the person, without interest.
27    (Source: Laws 1963, p. 161.)
28        (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
29        Sec. 8-251. Felony conviction.
30        (a)  None of the benefits provided for  in  this  Article
31    shall  be  paid  to any person who is convicted of any felony
32    relating to or arising out  of  or  in  connection  with  his
33    service as a municipal employee.
                            -8-               LRB9002762EGfgA
 1        This  subsection  Section shall not operate to impair any
 2    contract or vested right heretofore acquired under any law or
 3    laws continued in this Article, nor to preclude the right  to
 4    a refund.
 5        All  future  entrants entering service subsequent to July
 6    11, 1955 shall be deemed to have consented to the  provisions
 7    of this subsection Section as a condition of coverage.
 8        (b)  None  of  the  benefits provided for in this Article
 9    shall be paid to a person who begins service on or after  the
10    effective  date of this amendatory Act of 1997 and who, on or
11    after that effective date, is (1) convicted  of  a  Class  X,
12    Class 1, or Class 2 felony, (2) impeached and convicted under
13    Article  4,  Section  14 of the Illinois Constitution, or (3)
14    expelled from the Illinois Senate or House of Representatives
15    under Article 4, Section 6(d) of  the  Illinois  Constitution
16    and convicted of a criminal offense that constitutes official
17    misconduct in office.
18        A person beginning service on or after the effective date
19    of  this  amendatory  Act  of  1997  shall  be deemed to have
20    consented to the provisions of this subsection as a condition
21    of participation.    This  subsection  does  not  impair  any
22    contract  or  vested right acquired before the effective date
23    of this amendatory  Act  of  1997  under  this  Code  or  any
24    predecessor law.
25        A   person   whose  benefits  are  forfeited  under  this
26    subsection is entitled to a refund of the contributions  paid
27    by the person, without interest.
28    (Source: Laws 1963, p. 161.)
29        (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
30        Sec. 9-235. Felony conviction.
31        (a)  None  of  the  benefits  provided in this Article or
32    Article 10 shall be paid to any person who  is  convicted  of
33    any  felony  relating  to  or arising out of or in connection
                            -9-               LRB9002762EGfgA
 1    with his service as an employee.
 2        This subsection Section shall not operate to  impair  any
 3    contract or vested right heretofore acquired under any law or
 4    laws  continued in this Article, nor to preclude the right to
 5    a refund.
 6        All future entrants entering service after July 11, 1955,
 7    shall be deemed to have consented to the provisions  of  this
 8    subsection Section as a condition of coverage.
 9        (b)  None of the benefits provided for in this Article or
10    Article 10 shall be paid to a person who begins service on or
11    after  the  effective date of this amendatory Act of 1997 and
12    who, on or after that effective date, is (1) convicted  of  a
13    Class  X,  Class  1,  or  Class  2  felony, (2) impeached and
14    convicted  under  Article  4,  Section  14  of  the  Illinois
15    Constitution, or (3) expelled from  the  Illinois  Senate  or
16    House of Representatives under Article 4, Section 6(d) of the
17    Illinois  Constitution  and  convicted  of a criminal offense
18    that constitutes official misconduct in office.
19        A person beginning service on or after the effective date
20    of this amendatory Act  of  1997  shall  be  deemed  to  have
21    consented to the provisions of this subsection as a condition
22    of  participation.    This  subsection  does  not  impair any
23    contract or vested right acquired before the  effective  date
24    of  this  amendatory  Act  of  1997  under  this  Code or any
25    predecessor law.
26        A  person  whose  benefits  are  forfeited   under   this
27    subsection  is entitled to a refund of the contributions paid
28    by the person, without interest.
29    (Source: Laws 1963, p. 161.)
30        (40 ILCS 5/11-230) (from Ch. 108 1/2, par. 11-230)
31        Sec. 11-230. Felony conviction.
32        (a)  None of the benefits provided in this Article  shall
33    be paid to any person who is convicted of any felony relating
                            -10-              LRB9002762EGfgA
 1    to  or  arising  out  of or in connection with his service as
 2    employee.
 3        This subsection Section shall not operate to  impair  any
 4    contract or vested right heretofore acquired under any law or
 5    laws  continued in this Article, nor to preclude the right to
 6    a refund.
 7        All future entrants entering service after July 11, 1955,
 8    shall be deemed to have consented to the provisions  of  this
 9    subsection Section as a condition of coverage.
10        (b)  None  of  the  benefits provided for in this Article
11    shall be paid to a person who begins service on or after  the
12    effective  date of this amendatory Act of 1997 and who, on or
13    after that effective date, is (1) convicted  of  a  Class  X,
14    Class 1, or Class 2 felony, (2) impeached and convicted under
15    Article  4,  Section  14 of the Illinois Constitution, or (3)
16    expelled from the Illinois Senate or House of Representatives
17    under Article 4, Section 6(d) of  the  Illinois  Constitution
18    and convicted of a criminal offense that constitutes official
19    misconduct in office.
20        A person beginning service on or after the effective date
21    of  this  amendatory  Act  of  1997  shall  be deemed to have
22    consented to the provisions of this subsection as a condition
23    of participation.    This  subsection  does  not  impair  any
24    contract  or  vested right acquired before the effective date
25    of this amendatory  Act  of  1997  under  this  Code  or  any
26    predecessor law.
27        A   person   whose  benefits  are  forfeited  under  this
28    subsection is entitled to a refund of the contributions  paid
29    by the person, without interest.
30    (Source: Laws 1963, p. 161.)
31        (40 ILCS 5/12-191) (from Ch. 108 1/2, par. 12-191)
32        Sec. 12-191. Felony conviction.
33        (a)  None  of  the  benefits provided for in this Article
                            -11-              LRB9002762EGfgA
 1    shall be paid to any person who is convicted  of  any  felony
 2    relating  to  or  arising  out  of  or in connection with his
 3    service as an employee.
 4        This subsection Section shall not operate to  impair  any
 5    contract or vested right heretofore acquired under any law or
 6    laws  continued in this Article, nor to preclude the right to
 7    a refund.
 8        All future entrants entering service subsequent  to  July
 9    11,  1955 shall be deemed to have consented to the provisions
10    of this subsection Section as a condition of coverage.
11        (b)  None of the benefits provided for  in  this  Article
12    shall  be paid to a person who begins service on or after the
13    effective date of this amendatory Act of 1997 and who, on  or
14    after  that  effective  date,  is (1) convicted of a Class X,
15    Class 1, or Class 2 felony, (2) impeached and convicted under
16    Article 4, Section 14 of the Illinois  Constitution,  or  (3)
17    expelled from the Illinois Senate or House of Representatives
18    under  Article  4,  Section 6(d) of the Illinois Constitution
19    and convicted of a criminal offense that constitutes official
20    misconduct in office.
21        A person beginning service on or after the effective date
22    of this amendatory Act  of  1997  shall  be  deemed  to  have
23    consented to the provisions of this subsection as a condition
24    of  participation.    This  subsection  does  not  impair any
25    contract or vested right acquired before the  effective  date
26    of  this  amendatory  Act  of  1997  under  this  Code or any
27    predecessor law.
28        A  person  whose  benefits  are  forfeited   under   this
29    subsection  is entitled to a refund of the contributions paid
30    by the person, without interest.
31    (Source: Laws 1963, p. 161.)
32        (40 ILCS 5/13-807) (from Ch. 108 1/2, par. 13-807)
33        Sec. 13-807. Felony conviction.
                            -12-              LRB9002762EGfgA
 1        (a)  None of the benefits provided in this Article  shall
 2    be paid to any person who is convicted of any felony relating
 3    to  or  arising  out  of  or in connection with service as an
 4    employee.
 5        This subsection Section shall not operate to  impair  any
 6    contract or vested right heretofore acquired under any law or
 7    laws  continued in this Article, nor to preclude the right to
 8    a refund.
 9        All persons entering service subsequent to July 11,  1955
10    shall  be  deemed to have consented to the provisions of this
11    subsection Section as a condition of coverage.
12        (b)  None of the benefits provided for  in  this  Article
13    shall  be paid to a person who begins service on or after the
14    effective date of this amendatory Act of 1997 and who, on  or
15    after  that  effective  date,  is (1) convicted of a Class X,
16    Class 1, or Class 2 felony, (2) impeached and convicted under
17    Article 4, Section 14 of the Illinois  Constitution,  or  (3)
18    expelled from the Illinois Senate or House of Representatives
19    under  Article  4,  Section 6(d) of the Illinois Constitution
20    and convicted of a criminal offense that constitutes official
21    misconduct in office.
22        A person beginning service on or after the effective date
23    of this amendatory Act  of  1997  shall  be  deemed  to  have
24    consented to the provisions of this subsection as a condition
25    of  participation.    This  subsection  does  not  impair any
26    contract or vested right acquired before the  effective  date
27    of  this  amendatory  Act  of  1997  under  this  Code or any
28    predecessor law.
29        A  person  whose  benefits  are  forfeited   under   this
30    subsection  is entitled to a refund of the contributions paid
31    by the person, without interest.
32    (Source: P.A. 87-794.)
33        (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
                            -13-              LRB9002762EGfgA
 1        Sec. 14-149. Felony conviction.
 2        (a)  None of the benefits herein provided  for  shall  be
 3    paid to any person who is convicted of any felony relating to
 4    or  arising  out  of  or in connection with his service as an
 5    employee.
 6        This subsection Section shall not operate to  impair  any
 7    contract or vested right heretofore acquired under any law or
 8    laws continued in this Article nor to preclude the right to a
 9    refund.
10        All  future  entrants entering service subsequent to July
11    9, 1955 shall be deemed to have consented to  the  provisions
12    of this subsection Section as a condition of coverage.
13        (b)  None  of  the  benefits provided for in this Article
14    shall be paid to a person who begins service on or after  the
15    effective  date of this amendatory Act of 1997 and who, on or
16    after that effective date, is (1) convicted  of  a  Class  X,
17    Class 1, or Class 2 felony, (2) impeached and convicted under
18    Article  4,  Section  14 of the Illinois Constitution, or (3)
19    expelled from the Illinois Senate or House of Representatives
20    under Article 4, Section 6(d) of  the  Illinois  Constitution
21    and convicted of a criminal offense that constitutes official
22    misconduct in office.
23        A person beginning service on or after the effective date
24    of  this  amendatory  Act  of  1997  shall  be deemed to have
25    consented to the provisions of this subsection as a condition
26    of participation.    This  subsection  does  not  impair  any
27    contract  or  vested right acquired before the effective date
28    of this amendatory  Act  of  1997  under  this  Code  or  any
29    predecessor law.
30        A   person   whose  benefits  are  forfeited  under  this
31    subsection is entitled to a refund of the contributions  paid
32    by the person, without interest.
33    (Source: P.A. 80-841.)
                            -14-              LRB9002762EGfgA
 1        (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)
 2        Sec. 15-187. Felony conviction.
 3        (a)  None  of  the  benefits  provided under this Article
 4    shall be paid to any person who is convicted  of  any  felony
 5    relating  to  or  arising  out  of  or in connection with the
 6    person's service as an employee.
 7        This subsection Section shall not operate to  impair  any
 8    contract or vested right heretofore acquired under any law or
 9    laws  continued in this Article, nor to preclude the right to
10    a refund.
11        All persons entering service subsequent to July  9,  1955
12    shall  be  deemed to have consented to the provisions of this
13    subsection Section as a condition of coverage.
14        (b)  None of the benefits provided for  in  this  Article
15    shall  be paid to a person who begins service on or after the
16    effective date of this amendatory Act of 1997 and who, on  or
17    after  that  effective  date,  is (1) convicted of a Class X,
18    Class 1, or Class 2 felony, (2) impeached and convicted under
19    Article 4, Section 14 of the Illinois  Constitution,  or  (3)
20    expelled from the Illinois Senate or House of Representatives
21    under  Article  4,  Section 6(d) of the Illinois Constitution
22    and convicted of a criminal offense that constitutes official
23    misconduct in office.
24        A person beginning service on or after the effective date
25    of this amendatory Act  of  1997  shall  be  deemed  to  have
26    consented to the provisions of this subsection as a condition
27    of  participation.    This  subsection  does  not  impair any
28    contract or vested right acquired before the  effective  date
29    of  this  amendatory  Act  of  1997  under  this  Code or any
30    predecessor law.
31        A  person  whose  benefits  are  forfeited   under   this
32    subsection  is entitled to a refund of the contributions paid
33    by the person, without interest.
34    (Source: P.A. 83-1440.)
                            -15-              LRB9002762EGfgA
 1        (40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)
 2        Sec. 16-199. Felony conviction.
 3        (a)  None of the benefits provided for  in  this  Article
 4    shall  be  paid  to any person who is convicted of any felony
 5    relating to or arising out of or in connection  with  his  or
 6    her service as a teacher.
 7        This  subsection  Section shall not operate to impair any
 8    contract or vested right acquired prior to July 9, 1955 under
 9    any law or laws continued in this Article,  nor  to  preclude
10    the right to a refund.  The System may sue any such person to
11    collect   all   moneys   paid   in   excess   of   refundable
12    contributions.
13        All  teachers  entering or re-entering service after July
14    9, 1955 shall be deemed to have consented to  the  provisions
15    of this subsection Section as a condition of membership.
16        (b)  None  of  the  benefits provided for in this Article
17    shall be paid to a person who begins service on or after  the
18    effective  date of this amendatory Act of 1997 and who, on or
19    after that effective date, is (1) convicted  of  a  Class  X,
20    Class 1, or Class 2 felony, (2) impeached and convicted under
21    Article  4,  Section  14 of the Illinois Constitution, or (3)
22    expelled from the Illinois Senate or House of Representatives
23    under Article 4, Section 6(d) of  the  Illinois  Constitution
24    and convicted of a criminal offense that constitutes official
25    misconduct in office.
26        A person beginning service on or after the effective date
27    of  this  amendatory  Act  of  1997  shall  be deemed to have
28    consented to the provisions of this subsection as a condition
29    of participation.    This  subsection  does  not  impair  any
30    contract  or  vested right acquired before the effective date
31    of this amendatory  Act  of  1997  under  this  Code  or  any
32    predecessor law.
33        A   person   whose  benefits  are  forfeited  under  this
34    subsection is entitled to a refund of the contributions  paid
                            -16-              LRB9002762EGfgA
 1    by the person, without interest.
 2    (Source: P.A. 85-1008.)
 3        (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
 4        Sec. 17-149.1. Felony conviction.
 5        (a)  None  of  the  benefits provided for in this Article
 6    shall be paid to any person who is convicted  of  any  felony
 7    relating  to  or  arising out of or in connection with his or
 8    her service as a teacher.
 9        This subsection Section shall not operate to  impair  any
10    contract  or  vested right acquired prior to January 1, 1988,
11    nor to preclude the right to a refund.
12        All teachers entering service after January 1, 1988 shall
13    be deemed  to  have  consented  to  the  provisions  of  this
14    subsection Section as a condition of membership.
15        (b)  None  of  the  benefits provided for in this Article
16    shall be paid to a person who begins service on or after  the
17    effective  date of this amendatory Act of 1997 and who, on or
18    after that effective date, is (1) convicted  of  a  Class  X,
19    Class 1, or Class 2 felony, (2) impeached and convicted under
20    Article  4,  Section  14 of the Illinois Constitution, or (3)
21    expelled from the Illinois Senate or House of Representatives
22    under Article 4, Section 6(d) of  the  Illinois  Constitution
23    and convicted of a criminal offense that constitutes official
24    misconduct in office.
25        A person beginning service on or after the effective date
26    of  this  amendatory  Act  of  1997  shall  be deemed to have
27    consented to the provisions of this subsection as a condition
28    of participation.    This  subsection  does  not  impair  any
29    contract  or  vested right acquired before the effective date
30    of this amendatory  Act  of  1997  under  this  Code  or  any
31    predecessor law.
32        A   person   whose  benefits  are  forfeited  under  this
33    subsection is entitled to a refund of the contributions  paid
                            -17-              LRB9002762EGfgA
 1    by the person, without interest.
 2    (Source: P.A. 85-964.)
 3        (40 ILCS 5/18-163) (from Ch. 108 1/2, par. 18-163)
 4        Sec. 18-163. Felony conviction.
 5        (a)  None  of  the benefits herein provided shall be paid
 6    to any person who is convicted of any felony relating  to  or
 7    arising  out of or in connection with his or her service as a
 8    judge.
 9        This subsection Section shall not operate to  impair  any
10    contract  or  vested right acquired before July 9, 1955 under
11    any law or laws continued in this Article,  nor  to  preclude
12    the right to a refund.
13        All  participants  entering service subsequent to July 9,
14    1955 are deemed to have consented to the provisions  of  this
15    subsection Section as a condition of participation.
16        (b)  None  of  the  benefits provided for in this Article
17    shall be paid to a person who begins service on or after  the
18    effective  date of this amendatory Act of 1997 and who, on or
19    after that effective date, is (1) convicted  of  a  Class  X,
20    Class 1, or Class 2 felony, (2) impeached and convicted under
21    Article  4,  Section  14 of the Illinois Constitution, or (3)
22    expelled from the Illinois Senate or House of Representatives
23    under Article 4, Section 6(d) of  the  Illinois  Constitution
24    and convicted of a criminal offense that constitutes official
25    misconduct in office.
26        A person beginning service on or after the effective date
27    of  this  amendatory  Act  of  1997  shall  be deemed to have
28    consented to the provisions of this subsection as a condition
29    of participation.    This  subsection  does  not  impair  any
30    contract  or  vested right acquired before the effective date
31    of this amendatory  Act  of  1997  under  this  Code  or  any
32    predecessor law.
33        A   person   whose  benefits  are  forfeited  under  this
                            -18-              LRB9002762EGfgA
 1    subsection is entitled to a refund of the contributions  paid
 2    by the person, without interest.
 3    (Source: P.A. 83-1440.)
 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

[ Top ]