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HB 2721

Relating to a public transit incentive surcharge.

2025 Regular Session Introduced by Paul Evans

HB 2721 withholds teacher pension and survivor benefits for those convicted of sex offenses or Sex Offender Registration Act crimes, applying to new entrants only.

In committee upon adjournment.
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Bill Summary · HB 2721

Summary — HB 2721 (PENCD — Teachers’ Benefit Forfeiture)

Status: House Committee Amendment No. 1 filed and re‑referred to Rules Committee (most recent action). Introduced February 6–12, 2025. Primary sponsor: Rep. Curtis J. Tarver, II.

Purpose / Intent

HB 2721 amends the Illinois Pension Code (Downstate Teacher and Chicago Teacher Articles) to expand circumstances under which a teacher’s pension or survivor benefits may be withheld. The bill targets sexual offenses and sex‑offender registration offenses committed in connection with a teacher’s service.

Key provisions (statutory changes)

  • Amends 40 ILCS 5/16-199 and 40 ILCS 5/17-149.1 (Teacher pension provisions).
  • Establishes that pension benefits (including survivor benefits) shall not be paid to any person who is convicted of:
    • Any crime under Article 11 of the Criminal Code of 2012 (sex offenses), or
    • Any crime that requires registration under the Sex Offender Registration Act.
  • Retains (in prior introduced language) a prohibition on paying benefits to persons convicted of felonies relating to or arising out of their service as a teacher.
  • Provides that the forfeiture provisions apply regardless of whether the teacher resigned or was terminated.
  • Preserves protections for existing vested rights acquired prior to specified prior dates (i.e., does not retroactively impair certain preexisting vested rights or contracts).
  • Applicability: The changes apply only to persons who first become a teacher on or after the effective date of the amendatory Act of the 104th General Assembly (i.e., generally prospective application to new entrants).

Notable differences between versions

  • Introduced version (as filed) included additional language that would:
    • Temporarily suspend payment of benefits during a criminal investigation or criminal proceeding alleging sex offenses; and
    • Suspend payments during an inspector general investigation into sexual misconduct against a student, with payments resuming if charges are dismissed/the defendant is acquitted or if the inspector general finds allegations unsubstantiated.
  • House Committee Amendment No. 1 substantially narrows the text to focus on withholding benefits based on conviction of defined sex offenses (and registration offenses) and removes the explicit language in the introduced version authorizing suspensions during investigations or proceedings. The amendment is the current pending text in committee.

Who is affected

  • Current and future Illinois public school teachers (and their survivors) covered by the Downstate Teacher and Chicago Teacher pension articles.
  • Under the bill as amended, teachers who first enter service after the bill becomes effective would be subject to forfeiture of pension/survivor benefits upon conviction for the specified sex offenses or registration offenses.
  • Pension systems (the State Teachers’ Retirement System and related administrators) — required to implement benefit denials and enforce the statutory conditions.

Procedural timeline / next steps

  • Introduced in early February 2025; transferred among committees (Rules; Judiciary – Civil; Transportation references in mixed document reflect other bill text but the Illinois bill’s recorded committee activity shows assignment and amendments).
  • Public committee hearing held April 29, 2025; left pending.
  • House Committee Amendment No. 1 filed March 10, 2025 and is currently the operative pending amendment (re‑referred to Rules Committee).
  • If advanced from committee, the bill would return to the House for further floor action and, if passed, proceed to the Senate and ultimately the Governor for signature.

Potential policy implications

  • Supporters may argue the bill protects students and the integrity of the teaching profession by denying pension benefits to teachers convicted of sex offenses.
  • Critics may raise concerns about due process, retroactivity, and the scope of eligibility rules; those concerns were relevant to the originally broader draft that suspended benefits during investigations (an issue largely addressed by the amendment narrowing the scope to convictions).
  • Administrative impact on pension systems will include identifying affected beneficiaries, adjusting benefit payment processes, and implementing enforcement mechanics for convictions and survivor‑benefit determinations.

Compiled from official sources — confirm details with the bill’s official record.

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