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Public Act 102-1013
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| SB3465 Enrolled | LRB102 23987 RPS 33193 b |
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by |
changing Section 17-149 as follows:
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(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
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Sec. 17-149. Cancellation of pensions.
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(a) If any person receiving a disability retirement
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pension from the Fund is re-employed as a teacher by an |
Employer, the pension
shall be cancelled on the date the |
re-employment begins, or on the first day of
a payroll period |
for which service credit was validated, whichever is earlier.
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(b) If any person receiving a service retirement pension |
from the Fund
is re-employed as a teacher on a permanent or |
annual basis by an Employer,
the pension shall be cancelled on |
the date the re-employment begins, or on
the first day of a |
payroll period for which service credit was validated,
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whichever is earlier. However, subject to the limitations and |
requirements of subsection (c-5) or (c-10), the pension shall |
not be cancelled
in the case of a service retirement pensioner |
who is
re-employed on a temporary and non-annual basis or on an |
hourly basis.
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(c) If the date of re-employment on a permanent or annual |
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basis
occurs within 5 school months after the date of previous |
retirement, exclusive
of any vacation period, the member shall |
be deemed to have been out of service
only temporarily and not |
permanently retired. Such person shall be entitled
to pension |
payments for the time he could have been employed as a teacher |
and
received salary, but shall not be entitled to pension for |
or during the summer
vacation prior to his return to service.
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When the member again retires on pension, the time of |
service and the
money contributed by him during re-employment |
shall be added to the time
and money previously credited. Such |
person must acquire 3 consecutive years
of additional |
contributing service before he may retire again on a pension
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at a rate and under conditions other than those in force or |
attained at the
time of his previous retirement.
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(c-5) For school years beginning on or after July 1, 2019, |
the service retirement pension shall not be cancelled in the |
case of a service retirement pensioner who is re-employed as a |
teacher on a temporary and non-annual basis or on an hourly |
basis, so long as the person (1) does not work as a teacher for |
compensation on more than 120 days in a school year or (2) does |
not accept gross compensation for the re-employment in a |
school year in excess of (i) $30,000 or (ii) in the case of a |
person who retires with at least 5 years of service as a |
principal, an amount that is equal to the daily rate normally |
paid to retired principals multiplied by 100. These |
limitations apply only to school years that begin on or after |
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July 1, 2019. Such re-employment does not require |
contributions, result in service credit, or constitute active |
membership in the Fund. |
The service retirement pension shall not be cancelled
in |
the case of a service retirement pensioner who is
re-employed |
as a teacher on a temporary and non-annual basis or on an |
hourly basis, so long as the person (1) does not work as a |
teacher for compensation on more than 100 days in a school year |
or (2) does not accept gross compensation for the |
re-employment in a school year in excess of (i) $30,000 or (ii) |
in the case of a person who retires with at least 5 years of |
service as a principal, an amount that is equal to the daily |
rate normally paid to retired principals multiplied by 100. |
These limitations apply only to school years that begin on or |
after August 8, 2012 (the effective date of Public Act 97-912) |
and before July 1, 2019. Such re-employment does not require |
contributions, result in service credit, or constitute active |
membership in the Fund. |
Notwithstanding the 120-day limit set forth in item (1) of |
this subsection (c-5), the service retirement pension shall |
not be cancelled in the case of a service retirement pensioner |
who teaches only driver education courses after regular school |
hours and does not teach any other subject area, so long as the |
person does not work as a teacher for compensation for more |
than 900 hours in a school year. The $30,000 limit set forth in |
subitem (i) of item (2) of this subsection (c-5) shall apply to |
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a service retirement pensioner who teaches only driver |
education courses after regular school hours and does not |
teach any other subject area. |
To be eligible for such re-employment without cancellation |
of pension, the pensioner must notify the Fund and the Board of |
Education of his or her intention to accept re-employment |
under this subsection (c-5) before beginning that |
re-employment (or if the re-employment began before the |
effective date of this amendatory Act, then within 30 days |
after that effective date). |
An Employer must certify to the Fund the temporary and |
non-annual or hourly status and the compensation of each |
pensioner re-employed under this subsection at least |
quarterly, and when the pensioner is approaching the earnings |
limitation under this subsection. |
If the pensioner works more than 100 days or accepts |
excess gross compensation for such re-employment in any school |
year that begins on or after August 8, 2012 (the effective date |
of Public Act 97-912), the service retirement pension shall |
thereupon be cancelled. |
If the pensioner who only teaches drivers education |
courses after regular school hours works more than 900 hours |
or accepts excess gross compensation for such re-employment in |
any school year that begins on or after the effective date of |
this amendatory Act of the 99th General Assembly, the service |
retirement pension shall thereupon be cancelled. |
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If the pensioner works more than 120 days or accepts |
excess gross compensation for such re-employment in any school |
year that begins on or after July 1, 2019, the service |
retirement pension shall thereupon be cancelled. |
The Board of the Fund shall adopt rules for the |
implementation and administration of this subsection. |
(c-10) Until June 30, 2024, the service retirement pension |
of a service retirement pensioner shall not be cancelled if |
the service retirement pensioner is employed in a subject |
shortage area and the Employer that is employing the service |
retirement pensioner meets the following requirements: |
(1) If the Employer
has honorably dismissed, within |
the calendar year preceding the beginning of the school |
term for which it seeks to employ a service retirement |
pensioner under this subsection, any teachers who are |
legally qualified to hold positions in the subject |
shortage area and have not yet begun to receive their |
service retirement pensions under this Article, the vacant |
positions must first be tendered to those teachers. |
(2) For a period of at least 90 days during the 6
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months preceding the beginning of either the fall or |
spring term for which it seeks to employ a service |
retirement pensioner under this subsection, the Employer |
must, on an ongoing basis, (i) advertise its vacancies in |
the subject shortage area in employment bulletins |
published by college and university placement offices |
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located near the school; (ii) search for teachers legally |
qualified to fill those vacancies through the Illinois |
Education Job Bank; and (iii) post all vacancies on the |
Employer's website and list the vacancy in an online job |
portal or database. |
An Employer of a teacher who is unable to continue |
employment with the Employer because of documented illness, |
injury, or disability that occurred after being hired by the |
Employer under this subsection is exempt from the provisions |
of paragraph (2) for 90 school days. However, the Employer |
must on an ongoing basis comply with items (i), (ii), and (iii) |
of paragraph (2). |
The Employer must submit documentation of its compliance |
with this subsection to the regional superintendent. Upon |
receiving satisfactory documentation from the Employer, the |
regional superintendent shall certify the Employer's |
compliance with this subsection to the Fund. |
(d) Notwithstanding Sections 1-103.1 and 17-157, the |
changes to this
Section made by Public Act 90-32
apply without |
regard to whether termination of service occurred before the
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effective date of that Act and apply
retroactively to August |
23, 1989.
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Notwithstanding Sections 1-103.1 and 17-157, the changes |
to this Section
and Section 17-106 made by Public Act 92-599
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apply without regard to whether termination of service |
occurred before the
effective date of that Act.
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