HB3375ham002 97TH GENERAL ASSEMBLY

Rep. Kevin A. McCarthy

Filed: 3/28/2011

09700HB3375ham002 LRB097 10953 JDS 53494 a

AMENDMENT TO HOUSE BILL 3375

AMENDMENT NO. ______. Amend House Bill 3375 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Section 16-118 as follows:

(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)

Sec. 16-118. Retirement. "Retirement": Entry upon a retirement annuity or receipt of a single-sum retirement benefit granted under this Article after termination of active service as a teacher.

(a) An annuitant receiving a retirement annuity other than a disability retirement annuity may accept employment as a teacher from a school board or other employer specified in Section 16-106 without impairing retirement status, if that employment: (1) is not within the school year during which service was terminated; and (2) does not exceed 100 paid days or 500 paid hours in any school year (during the period beginning July 1, 2001 through June 30, 2011, 120 paid days or 600 paid hours in each school year). Where such permitted employment is partly on a daily and partly on an hourly basis, a day shall be considered as 5 hours.

(b) Subsection (a) does not apply to an annuitant who returns to teaching under the program established in Section 16-150.1, for the duration of his or her participation in that program.

(c) Subsection (a) shall not be construed to authorize multiple annuitants, without impairing their retirement status, to accept employment with a school district or other employer in order to fill, as a group, a teaching position that would ordinarily be occupied by an active participant. Instead, if a school board or other employer determines that there is a subject or administrative position shortage that would require that action, then it must apply for an exemption under Section 16-150.1.

(Source: P.A. 93-320, eff. 7-23-03; 94-914, eff. 6-23-06.)

Section 99. Effective date. This Act takes effect upon becoming law.".