SB2528sam001 93RD GENERAL ASSEMBLY

Miguel del Valle

Filed: 2/11/2004

09300SB2528sam001 LRB093 15449 NHT 46922 a

AMENDMENT TO SENATE BILL 2528

AMENDMENT NO. ______. Amend Senate Bill 2528 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Pension Code is amended by changing Section 17-131 as follows:

(40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)

Sec. 17-131. Administration of payroll deductions.

(a) This subsection (a) applies unless an Employer has agreed to have subsection (b) of this Section apply under a collective bargaining agreement, in which case this subsection (a) applies until the date that subsection (b) is to apply as set forth in the agreement. During any period in which salaries are paid, such deductions by an Employer or the Board shall be made on the basis of the full salary rates, exclusive of salaries for overtime, special services or any employment on an optional basis, such as in summer school. If salaries represent adjustments on account of error, deductions by the Employer or the Board shall be at rates in force during the applicable payroll period. If teachers receive salaries for the school year, as established by an Employer, or if they receive salaries for more than 10 calendar months, the amount required for each year of service shall be deducted by such Employer in installments. The total amounts for each semimonthly payroll period, or bi-weekly payroll period, as the case may be, shall be deducted only when salary payments represent 5 days' pay or more. If an Employer or the Board pays salaries to members of the teaching force for vacation periods, the salary shall be considered part of the teacher's annual salary, shall be subject to the standard deductions for pension contributions, and shall be considered to represent pay for 5 or more days' employment in a bi-weekly or semi-monthly payroll period for purposes set forth in this Section. If deductions from salaries result in amounts of less than one cent, the fractional sums shall be increased to the next higher cent. Any excess of these fractional increases over the prescribed annual contributions shall be credited to the teachers' accounts.

(b) As part of a collective bargaining agreement, an Employer may agree to have this subsection (b) apply instead of subsection (a) of this Section, in which case this subsection (b) applies beginning on a date agreed upon in the collective bargaining agreement. During any period on or after the agreed-upon date in which salaries are paid, payroll deductions by an Employer or the Board shall be made for all salary paid. If salaries represent adjustments on account of error, deductions by the Employer or the Board shall be at the rates in force during the applicable payroll period. If teachers receive salaries for the school year, as established by an Employer, or if they receive salaries for more than 10 calendar months, the amount required for each year of service shall be deducted by such Employer in installments. On or after the agreed-upon date, the total amounts for each semimonthly payroll period or bi-weekly payroll period, as the case may be, shall be deducted for all salary paid. If, on or after the agreed-upon date, an Employer or the Board pays salaries to members of the teaching force for vacation periods, the salary shall be considered part of the teacher's annual salary, shall be subject to the standard deductions for pension contributions, and shall be considered to represent additional service credit for each day paid. If deductions from salaries result in amounts of less than one cent, the fractional sums shall be increased to the next higher cent. Any excess of these fractional increases over the prescribed annual contributions shall be credited to the teachers' accounts.

(c) In the event that, pursuant to Section 17-130.1, employee contributions are picked up or made by the Board of Education on behalf of its employees from the proceeds of the tax levied under Section 34-60 of the School Code, then the amount of the employee contributions which are picked up or made in that manner shall not be deducted from the salaries of such employees.

(Source: P.A. 90-566, eff. 1-2-98.)

Section 10. The Illinois Educational Labor Relations Act is amended by changing Section 4.5 as follows:

(115 ILCS 5/4.5)

Sec. 4.5. Subjects of collective bargaining.

(a) Notwithstanding the existence of any other provision in this Act or other law, collective bargaining between an educational employer whose territorial boundaries are coterminous with those of a city having a population in excess of 500,000 and an exclusive representative of its employees may include any of the following subjects:

(1) (Blank).

(2) Decisions to contract with a third party for one or more services otherwise performed by employees in a bargaining unit and the procedures for obtaining such contract or the identity of the third party.

(3) Decisions to layoff or reduce in force employees.

(4) Decisions to determine class size, class staffing and assignment, class schedules, academic calendar, hours and places of instruction, or pupil assessment policies.

(5) Decisions concerning use and staffing of experimental or pilot programs and decisions concerning use of technology to deliver educational programs and services and staffing to provide the technology.

(6) The decision on whether or not to have seniority on a district-wide basis.

(b) The subject or matters described in subsection (a) are permissive subjects of bargaining between an educational employer and an exclusive representative of its employees and, for the purpose of this Act, are within the sole discretion of the educational employer to decide to bargain, provided that the educational employer is required to bargain over the impact of a decision concerning such subject or matter on the bargaining unit upon request by the exclusive representative. During this bargaining, the educational employer shall not be precluded from implementing its decision. If, after a reasonable period of bargaining, a dispute or impasse exists between the educational employer and the exclusive representative, the dispute or impasse shall be resolved exclusively as set forth in subsection (b) of Section 12 of this Act in lieu of a strike under Section 13 of this Act.

(c) A provision in a collective bargaining agreement that was rendered null and void because it involved a prohibited subject of collective bargaining under this subsection (c) as this subsection (c) existed before the effective date of this amendatory Act of the 93rd General Assembly remains null and void and shall not otherwise be reinstated in any successor agreement unless the educational employer and exclusive representative otherwise agree to include an agreement reached on a subject or matter described in subsection (a) of this Section as subsection (a) existed before this amendatory Act of the 93rd General Assembly.

(Source: P.A. 93-3, eff. 4-16-03.)

Section 99. Effective date. This Act takes effect August 1, 2004.".