Public Act 097-0912
 
SB3597 EnrolledLRB097 18622 EFG 63856 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 
Section 17-149 as follows:
 



    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)



    Sec. 17-149. Cancellation of pensions. 

    (a) If any person receiving a disability retirement
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.

    (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,

whichever is earlier.  However, subject to the limitations and 
requirements of subsection (c-5), 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.

    (c) If the date of re-employment on a permanent or annual 
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.

    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
at 
a rate and under conditions other than those in force or 
attained at the
time of his previous retirement.

    (c-5) 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 
and (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 the effective date of this amendatory Act of the 97th 
General Assembly. Such re-employment does not  require 
contributions, result in service credit, or constitute active 
membership in the Fund.
    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).
    The Board of Education 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 the effective date of this amendatory 
Act of the 97th General Assembly, the service retirement 
pension shall thereupon be cancelled. 
    The Board of the Fund shall adopt rules for the 
implementation and administration of this subsection. 
    (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

effective date of that Act and apply
retroactively to August 
23, 1989.

    Notwithstanding Sections 1-103.1 and 17-157, the changes 
to this Section
and Section 17-106 made by Public Act 92-599 
this amendatory Act of the 92nd General Assembly
apply without 
regard to whether termination of service occurred before the

effective date of that this amendatory Act.

    Notwithstanding Sections 1-103.1 and 17-157, the changes 
to this Section
made by this amendatory Act of the 97th General 
Assembly
apply without regard to whether termination of service 
occurred before the
effective date of this amendatory Act. 
(Source: P.A. 92-416, eff. 8-17-01; 92-599, eff. 6-28-02.)

 
    Section 90. The State Mandates Act is amended by adding 
Section 8.36 as follows:
 
    (30 ILCS 805/8.36 new)
    Sec. 8.36. 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 97th General Assembly.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.