Public Act 101-0502
 
HB3213 EnrolledLRB101 09761 RPS 54862 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Pension Code is amended  by changing 
Sections 16-106 and 16-155 as follows:
 


    (40 ILCS 5/16-106)  (from Ch. 108 1/2, par. 16-106)



    Sec. 16-106. Teacher. "Teacher": The following 
individuals, provided
that, for employment prior to July 1, 
1990, they are employed on a
full-time basis, or if not 
full-time, on a permanent and continuous basis
in a position in 
which services are expected to be rendered for at least
one 
school term:

        (1) Any educational, administrative, professional or 
    other staff employed
in the public common schools included 
    within this system in a position
requiring certification 
    under the law governing the certification of
teachers;

        (2) Any educational, administrative, professional or 
    other staff employed
in any facility of the Department of 
    Children and Family Services or the
Department of Human 
    Services, in a position requiring certification under
the 
    law governing the certification of teachers, and any person 
    who (i)
works in such a position for the Department of 
    Corrections, (ii) was a member
of this System on May 31, 
    1987, and (iii) did not elect to become a member of
the 
    State Employees' Retirement System pursuant to Section 
    14-108.2 of this
Code; except that "teacher" does not 
    include any person who (A) becomes
a security employee of 
    the Department of Human Services, as defined in
Section 
    14-110, after June 28, 2001 (the effective date of Public 
    Act
92-14), or (B) becomes a member of the State Employees'

    Retirement System pursuant to Section 14-108.2c of this 
    Code;

        (3) Any regional superintendent of schools, assistant 
    regional
superintendent of schools, State Superintendent 
    of Education; any person
employed by the State Board of 
    Education as an executive; any executive of
the boards 
    engaged in the service of public common school education in

    school districts covered under this system of which the 
    State
Superintendent of Education is an ex-officio member;

        (4) Any employee of a school board association 
    operating in compliance
with Article 23 of the School Code 
    who is certificated under the law
governing the 
    certification of teachers, provided that he or she becomes 
    such an employee before the effective date of this 
    amendatory Act of the 99th General Assembly;

        (5) Any person employed by the retirement system
who:

            (i) was an employee of and a participant in the 
        system on August 17,
2001 (the effective date of Public 
        Act 92-416), or

            (ii) becomes an employee of the system on or after 
        August 17, 2001;

        (6) Any educational, administrative, professional or 
    other staff
employed by and under the supervision and 
    control of a regional
superintendent of schools, provided 
    such employment position requires the
person to be 
    certificated under the law governing the certification of

    teachers and is in an educational program serving 2 or more 
    districts in
accordance with a joint agreement authorized 
    by the School Code or by federal
legislation;

        (7) Any educational, administrative, professional or 
    other staff employed
in  an educational program serving 2 or 
    more school districts in accordance
with a joint agreement 
    authorized by the School Code or by federal
legislation and 
    in a position requiring certification under the laws

    governing the certification of teachers;

        (8) Any officer or employee of a statewide teacher 
    organization or
officer of a national teacher organization 
    who is certified under the law
governing certification of 
    teachers, provided: (i) the individual had
previously 
    established creditable service under this Article, (ii) 
    the
individual files with the system an irrevocable 
    election to become a member before the effective date of 
    this amendatory Act of the 97th General Assembly,
 (iii) the 
    individual does not receive credit for such service under 
    any
other Article of this Code, and (iv) the individual 
    first became an officer or employee of the teacher 
    organization and becomes a member before the effective date 
    of this amendatory Act of the 97th General Assembly;

        (9) Any educational, administrative, professional, or 
    other staff
employed in a charter school operating in 
    compliance with the Charter
Schools Law who is certificated 
    under the law governing the certification
of teachers;

        (10) Any person employed, on the effective date of this 
    amendatory Act of the 94th General Assembly, by the 
    Macon-Piatt Regional Office of Education in a 
    birth-through-age-three pilot program receiving funds 
    under Section 2-389 of the School Code who is required by 
    the Macon-Piatt Regional Office of Education to hold a 
    teaching certificate, provided that the Macon-Piatt 
    Regional Office of Education makes an election, within 6 
    months after the effective date of this amendatory Act of 
    the 94th General Assembly,  to have the person participate 
    in the system. Any service established prior to the 
    effective date of this amendatory Act of the 94th General 
    Assembly for service as an employee of the Macon-Piatt 
    Regional Office of Education in a birth-through-age-three 
    pilot program receiving funds under Section 2-389 of the 
    School Code shall be considered service as a teacher if 
    employee and employer contributions have been received by 
    the system and the system has not refunded those 
    contributions.

    An annuitant receiving a retirement annuity under this 
Article or under
Article 17 of this Code who is employed by a 
board of education
or other employer as permitted under Section 
16-118
or 16-150.1 is not a "teacher" for purposes of this 
Article.  A person who
has received a single-sum retirement 
benefit under Section 16-136.4 of this
Article is not a 
"teacher" for purposes of this Article. For purposes of this 
Article, "teacher" does not include a person employed by an 
entity that provides substitute teaching services under 
Section 2-3.173 of the School Code and is not a school 
district. 

(Source: P.A. 99-830, eff. 1-1-17; 100-813, eff. 8-13-18.)


 



    (40 ILCS 5/16-155)  (from Ch. 108 1/2, par. 16-155)



    Sec. 16-155. Report to system and payment of deductions. 

    (a) The governing body of each school district shall make 
two deposits each
month.  The deposit for member contributions 
for salary paid between the first
and the fifteenth of the 
month is due by the 25th of the month.  The deposit of
member 
contributions for salary paid between the sixteenth and last 
day of the
month is due by the 10th of the following month.  All 
required contributions
for salary earned during a school term 
are due by July 10 next following the
close of such school 
term.

    The governing body of each State institution coming
under 
this retirement system, the State Comptroller or other State 
officer
certifying payroll vouchers including payments of 
salary or wages to
teachers, and any other employer of 
teachers, shall, monthly, forward to
the secretary of the 
retirement system the member contributions required
under this 
Article.

    Each employer specified above shall, prior to August 15 of 
each year,
forward to the System a detailed statement, verified 
in all cases of school
districts by the secretary or clerk of 
the district, of the amounts so
contributed since the period 
covered by the last previous annual statement,
together with 
required contributions not yet forwarded, such payments being

payable to the System.

    The board may prescribe rules governing the form, content, 
investigation,
control, and supervision of such statements and 
may establish additional interim employer reporting 
requirements as the Board deems necessary.   If no teacher in
a 
school district comes under the provisions of this Article, the

governing body of the district shall so state under the oath of 
its
secretary to this system, and shall at the same time 
forward a copy of
the statement to the regional superintendent 
of schools.

    The board may also require reporting requirements that are 
different than those prescribed in this Section and may require 
different reporting requirements for different benefits or 
purposes established under this Article, including, but not 
limited to, any optional benefit plan an employee chooses to 
participate in. 
    (b) If the governing body of an employer that is not a 
State agency fails to forward such
required contributions 
within the time permitted in subsection (a) above,
the System 
shall notify the employer of an additional amount
due, equal to

the greater of the following: (1) an amount representing the 
interest lost
by the system due to late forwarding of 
contributions, calculated for the
number of days which the 
employer is late in forwarding
contributions at a rate of 
interest prescribed by the board, based on its
investment 
experience; or (2) $50 per day for each day that elapses from 
the due date until the day such report and employee 
contributions are received by the System.

    (c) If the system, on August 15, is not in receipt of the 
detailed
statements required under this Section of any school 
district or other
employing unit, such school district or other 
employing unit shall pay to
the system an amount equal to $250 
for each day that elapses from August
15, until the day such 
statement is filed with the system.

(Source: P.A. 99-450, eff. 8-24-15.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.43 as follows:
 
    (30 ILCS 805/8.43 new)
    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 
of this Act, no reimbursement by the State is required for the 
implementation of any mandate created by this amendatory Act of 
the 101st General Assembly.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.