IL
Illinois House Bill HB1247

Illinois 2023-2024 Regular Session

Illinois House Bill HB1247 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1247 Introduced , 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 5/17-143.540 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 on or 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 on or 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. LRB103 04928 RPS 49938 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1247 Introduced , 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 5/17-143.540 ILCS 5/17-143.6 new 40 ILCS 5/17-149.1 from Ch. 108 1/2, par. 17-149.1 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 on or 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 on or 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. LRB103 04928 RPS 49938 b LRB103 04928 RPS 49938 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1247 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
33 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 5/17-143.540 ILCS 5/17-143.6 new 40 ILCS 5/17-149.1 from Ch. 108 1/2, par. 17-149.1 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
44 40 ILCS 5/16-169.1
55 40 ILCS 5/16-169.2 new
66 40 ILCS 5/16-199 from Ch. 108 1/2, par. 16-199
77 40 ILCS 5/17-143.5
88 40 ILCS 5/17-143.6 new
99 40 ILCS 5/17-149.1 from Ch. 108 1/2, par. 17-149.1
1010 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 on or 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 on or 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.
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1313 A BILL FOR
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1616 1 AN ACT concerning public employee benefits.
1717 2 Be it enacted by the People of the State of Illinois,
1818 3 represented in the General Assembly:
1919 4 Section 5. The Illinois Pension Code is amended by
2020 5 changing Sections 16-169.1, 16-199, 17-143.5, and 17-149.1 and
2121 6 by adding Sections 16-169.2 and 17-143.6 as follows:
2222 7 (40 ILCS 5/16-169.1)
2323 8 Sec. 16-169.1. Testimony and the production of records.
2424 9 The secretary of the Board shall have the power to issue
2525 10 subpoenas to compel the attendance of witnesses and the
2626 11 production of documents and records, including law enforcement
2727 12 records maintained by law enforcement agencies, in conjunction
2828 13 with the determination of employer payments required under
2929 14 subsection (f) of Section 16-158, a disability claim, an
3030 15 administrative review proceeding, an attempt to obtain
3131 16 information to assist in the collection of sums due to the
3232 17 System, or a felony forfeiture investigation under Section
3333 18 16-169.2 or 16-199. The fees of witnesses for attendance and
3434 19 travel shall be the same as the fees of witnesses before the
3535 20 circuit courts of this State and shall be paid by the party
3636 21 seeking the subpoena. The Board may apply to any circuit court
3737 22 in the State for an order requiring compliance with a subpoena
3838 23 issued under this Section. Subpoenas issued under this Section
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4242 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1247 Introduced , by Rep. Steven Reick SYNOPSIS AS INTRODUCED:
4343 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 5/17-143.540 ILCS 5/17-143.6 new 40 ILCS 5/17-149.1 from Ch. 108 1/2, par. 17-149.1 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
4444 40 ILCS 5/16-169.1
4545 40 ILCS 5/16-169.2 new
4646 40 ILCS 5/16-199 from Ch. 108 1/2, par. 16-199
4747 40 ILCS 5/17-143.5
4848 40 ILCS 5/17-143.6 new
4949 40 ILCS 5/17-149.1 from Ch. 108 1/2, par. 17-149.1
5050 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 on or 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 on or 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.
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5353 A BILL FOR
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5959 40 ILCS 5/16-169.1
6060 40 ILCS 5/16-169.2 new
6161 40 ILCS 5/16-199 from Ch. 108 1/2, par. 16-199
6262 40 ILCS 5/17-143.5
6363 40 ILCS 5/17-143.6 new
6464 40 ILCS 5/17-149.1 from Ch. 108 1/2, par. 17-149.1
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8383 1 shall be subject to applicable provisions of the Code of Civil
8484 2 Procedure.
8585 3 (Source: P.A. 99-450, eff. 8-24-15.)
8686 4 (40 ILCS 5/16-169.2 new)
8787 5 Sec. 16-169.2. Sexual abuse accusations. An employer must
8888 6 notify the Board if a retiring member has been accused of
8989 7 sexually abusing a student. The Board may, through an
9090 8 administrative hearing, review the claim of sexual abuse and
9191 9 may order that the member's benefits be forfeited under
9292 10 Section 16-199.
9393 11 (40 ILCS 5/16-199) (from Ch. 108 1/2, par. 16-199)
9494 12 Sec. 16-199. Felony conviction; sexual abuse of a student.
9595 13 None of the benefits provided for in this Article shall be paid
9696 14 to any person who is convicted of any felony relating to or
9797 15 arising out of or in connection with his or her service as a
9898 16 teacher.
9999 17 None of the benefits provided for in this Article shall be
100100 18 paid to any person who otherwise would receive a survivor
101101 19 benefit who is convicted of any felony relating to or arising
102102 20 out of or in connection with the service of the teacher from
103103 21 whom the benefit results.
104104 22 None of the benefits provided for in this Article shall be
105105 23 paid to any person who first becomes a member on or after the
106106 24 effective date of this amendatory Act of the 103rd General
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117117 1 Assembly and who the Board determines under Section 16-169.2
118118 2 to have sexually abused a student.
119119 3 This Section shall not operate to impair any contract or
120120 4 vested right acquired prior to July 9, 1955 under any law or
121121 5 laws continued in this Article, nor to preclude the right to a
122122 6 refund, and for the changes under Public Act 100-334 this
123123 7 amendatory Act of the 100th General Assembly, shall not impair
124124 8 any contract or vested right acquired by a survivor prior to
125125 9 August 25, 2017 (the effective date of Public Act 100-334)
126126 10 this amendatory Act of the 100th General Assembly. The changes
127127 11 made by this amendatory Act of the 103rd General Assembly
128128 12 shall not operate to impair any contract or vested right
129129 13 acquired before the effective date of this amendatory Act of
130130 14 the 103rd General Assembly. The System may sue any such person
131131 15 to collect all moneys paid in excess of refundable
132132 16 contributions.
133133 17 All teachers entering or re-entering service after July 9,
134134 18 1955 shall be deemed to have consented to the provisions of
135135 19 this Section as a condition of membership, and all
136136 20 participants entering service subsequent to August 25, 2017
137137 21 (the effective date of Public Act 100-334) this amendatory Act
138138 22 of the 100th General Assembly shall be deemed to have
139139 23 consented to the provisions of Public Act 100-334 this
140140 24 amendatory Act as a condition of participation. All teachers
141141 25 entering service on or after the effective date of this
142142 26 amendatory Act of the 103rd General Assembly shall be deemed
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153153 1 to have consented to the provisions of this amendatory Act of
154154 2 the 103rd General Assembly as a condition of membership.
155155 3 (Source: P.A. 100-334, eff. 8-25-17.)
156156 4 (40 ILCS 5/17-143.5)
157157 5 Sec. 17-143.5. Testimony and the production of records.
158158 6 The Board shall have the power to issue subpoenas to compel the
159159 7 attendance of witnesses and the production of documents and
160160 8 records in conjunction with the determination of employer
161161 9 payments required under subsection (c) of Section 17-116, a
162162 10 disability claim, an administrative review proceeding, an
163163 11 attempt to obtain information to assist in the collection of
164164 12 sums due to the Fund, or a felony forfeiture investigation
165165 13 under Section 17-143.6 or 17-149.1. The fees of witnesses for
166166 14 attendance and travel shall be the same as the fees of
167167 15 witnesses before the circuit courts of this State and shall be
168168 16 paid by the party seeking the subpoena. The Board may apply to
169169 17 any circuit court in the State for an order requiring
170170 18 compliance with a subpoena issued under this Section.
171171 19 Subpoenas issued under this Section shall be subject to
172172 20 applicable provisions of the Code of Civil Procedure.
173173 21 (Source: P.A. 99-786, eff. 8-12-16.)
174174 22 (40 ILCS 5/17-143.6 new)
175175 23 Sec. 17-143.6. Sexual abuse accusations. An Employer must
176176 24 notify the Board if a retiring member has been accused of
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187187 1 sexually abusing a student. The Board may, through an
188188 2 administrative hearing, review the claim of sexual abuse and
189189 3 may order that the member's benefits be forfeited under
190190 4 Section 17-149.1.
191191 5 (40 ILCS 5/17-149.1) (from Ch. 108 1/2, par. 17-149.1)
192192 6 Sec. 17-149.1. Felony conviction; sexual abuse of a
193193 7 student. None of the benefits provided for in this Article
194194 8 shall be paid to any person who is convicted of any felony
195195 9 relating to or arising out of or in connection with his or her
196196 10 service as a teacher.
197197 11 None of the benefits provided for in this Article shall be
198198 12 paid to any person who otherwise would receive a survivor
199199 13 benefit who is convicted of any felony relating to or arising
200200 14 out of or in connection with the service of the teacher from
201201 15 whom the benefit results.
202202 16 None of the benefits provided for in this Article shall be
203203 17 paid to any person who first becomes a member on or after the
204204 18 effective date of this amendatory Act of the 103rd General
205205 19 Assembly and who the Board determines under Section 17-143.6
206206 20 to have sexually abused a student.
207207 21 This Section shall not operate to impair any contract or
208208 22 vested right acquired prior to January 1, 1988, nor to
209209 23 preclude the right to a refund, and for the changes under
210210 24 Public Act 100-334 this amendatory Act of the 100th General
211211 25 Assembly, shall not impair any contract or vested right
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222222 1 acquired by a survivor prior to August 25, 2017 (the effective
223223 2 date of Public Act 100-334) this amendatory Act of the 100th
224224 3 General Assembly. The changes made by this amendatory Act of
225225 4 the 103rd General Assembly shall not operate to impair any
226226 5 contract or vested right acquired before the effective date of
227227 6 this amendatory Act of the 103rd General Assembly.
228228 7 All teachers entering service after January 1, 1988 shall
229229 8 be deemed to have consented to the provisions of this Section
230230 9 as a condition of membership, and all participants entering
231231 10 service subsequent to August 25, 2017 (the effective date of
232232 11 Public Act 100-334) this amendatory Act of the 100th General
233233 12 Assembly shall be deemed to have consented to the provisions
234234 13 of Public Act 100-334 this amendatory Act as a condition of
235235 14 participation. All teachers entering service on or after the
236236 15 effective date of this amendatory Act of the 103rd General
237237 16 Assembly shall be deemed to have consented to the provisions
238238 17 of this amendatory Act of the 103rd General Assembly as a
239239 18 condition of membership.
240240 19 (Source: P.A. 100-334, eff. 8-25-17.)
241241 20 Section 99. Effective date. This Act takes effect upon
242242 21 becoming law.
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