Rep. C.D. Davidsmeyer

Filed: 5/19/2017





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2    AMENDMENT NO. ______. Amend House Bill 751 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Pension Code is amended by
5changing Sections 16-150.1 and 16-203 as follows:
6    (40 ILCS 5/16-150.1)
7    Sec. 16-150.1. Return to teaching in subject shortage area.
8    (a) As used in this Section, "eligible employment" means
9employment beginning on or after July 1, 2003 and ending no
10later than June 30, 2019 2013, in a subject shortage area at a
11qualified school, in a position requiring certification under
12the law governing the certification of teachers.
13    As used in this Section, "qualified school" means a public
14elementary or secondary school that meets all of the following
16        (1) At the time of hiring a retired teacher under this



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1    Section, the school is experiencing a shortage of teachers
2    in the subject shortage area for which the teacher is
3    hired.
4        (2) The school district to which the school belongs has
5    complied with the requirements of subsection (e), and the
6    regional superintendent has certified that compliance to
7    the System.
8        (3) If the school district to which the school belongs
9    provides group health benefits for its teachers generally,
10    substantially similar health benefits are made available
11    for teachers participating in the program under this
12    Section, without any limitations based on pre-existing
13    conditions.
14    (b) An annuitant receiving a retirement annuity under this
15Article (other than a disability retirement annuity) may engage
16in eligible employment at a qualified school without impairing
17his or her retirement status or retirement annuity, subject to
18the following conditions:
19        (1) the eligible employment does not begin within the
20    school year during which service was terminated;
21        (2) the annuitant has not received any early retirement
22    incentive under Section 16-133.3, 16-133.4, or 16-133.5;
23        (3) if the annuitant retired before age 60 and with
24    less than 34 years of service, the eligible employment does
25    not begin within the year following the effective date of
26    the retirement annuity;



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1        (4) if the annuitant retired at age 60 or above or with
2    34 or more years of service, the eligible employment does
3    not begin within the 90 days following the effective date
4    of the retirement annuity; and
5        (5) before the eligible employment begins, the
6    employer notifies the System in writing of the annuitant's
7    desire to participate in the program established under this
8    Section.
9    (c) An annuitant engaged in eligible employment in
10accordance with subsection (b) shall be deemed a participant in
11the program established under this Section for so long as he or
12she remains employed in eligible employment.
13    (d) A participant in the program established under this
14Section continues to be a retirement annuitant, rather than an
15active teacher, for all of the purposes of this Code, but shall
16be deemed an active teacher for other purposes, such as
17inclusion in a collective bargaining unit, eligibility for
18group health benefits, and compliance with the laws governing
19the employment, regulation, certification, treatment, and
20conduct of teachers.
21    With respect to an annuitant's eligible employment under
22this Section, neither employee nor employer contributions
23shall be made to the System and no additional service credit
24shall be earned. Eligible employment does not affect the
25annuitant's final average salary or the amount of the
26retirement annuity.



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1    (e) Before hiring a teacher under this Section, the school
2district to which the school belongs must do the following:
3        (1) If the school district to which the school belongs
4    has honorably dismissed, within the calendar year
5    preceding the beginning of the school term for which it
6    seeks to employ a retired teacher under the program
7    established in this Section, any teachers who are legally
8    qualified to hold positions in the subject shortage area
9    and have not yet begun to receive their retirement
10    annuities under this Article, the vacant positions must
11    first be tendered to those teachers.
12        (2) For a period of at least 90 days during the 6
13    months preceding the beginning of either the fall or spring
14    term for which it seeks to employ a retired teacher under
15    the program established in this Section, the school
16    district must, on an ongoing basis, both (i) advertise its
17    vacancies in the subject shortage area in a newspaper of
18    general circulation in the area in which the school is
19    located and in employment bulletins published by college
20    and university placement offices located near the school;
21    and (ii) search for teachers legally qualified to fill
22    those vacancies through the Illinois Education Job Bank.
23    The school district must submit documentation of its
24compliance with this subsection to the regional
25superintendent. Upon receiving satisfactory documentation from
26the school district, the regional superintendent shall certify



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1the district's compliance with this subsection to the System.
2    (f) This Section applies without regard to whether the
3annuitant was in service on or after the effective date of this
4amendatory Act of the 93rd General Assembly.
5(Source: P.A. 94-129, eff. 7-7-05; 95-910, eff. 8-26-08.)
6    (40 ILCS 5/16-203)
7    (Text of Section WITHOUT the changes made by P.A. 98-599,
8which has been held unconstitutional)
9    Sec. 16-203. Application and expiration of new benefit
11    (a) As used in this Section, "new benefit increase" means
12an increase in the amount of any benefit provided under this
13Article, or an expansion of the conditions of eligibility for
14any benefit under this Article, that results from an amendment
15to this Code that takes effect after June 1, 2005 (the
16effective date of Public Act 94-4). "New benefit increase",
17however, does not include any benefit increase resulting from
18the changes made to this Article by Public Act 95-910 or by
19this amendatory Act of the 100th General Assembly this
20amendatory Act of the 95th General Assembly.
21    (b) Notwithstanding any other provision of this Code or any
22subsequent amendment to this Code, every new benefit increase
23is subject to this Section and shall be deemed to be granted
24only in conformance with and contingent upon compliance with
25the provisions of this Section.



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1    (c) The Public Act enacting a new benefit increase must
2identify and provide for payment to the System of additional
3funding at least sufficient to fund the resulting annual
4increase in cost to the System as it accrues.
5    Every new benefit increase is contingent upon the General
6Assembly providing the additional funding required under this
7subsection. The Commission on Government Forecasting and
8Accountability shall analyze whether adequate additional
9funding has been provided for the new benefit increase and
10shall report its analysis to the Public Pension Division of the
11Department of Insurance Financial and Professional Regulation.
12A new benefit increase created by a Public Act that does not
13include the additional funding required under this subsection
14is null and void. If the Public Pension Division determines
15that the additional funding provided for a new benefit increase
16under this subsection is or has become inadequate, it may so
17certify to the Governor and the State Comptroller and, in the
18absence of corrective action by the General Assembly, the new
19benefit increase shall expire at the end of the fiscal year in
20which the certification is made.
21    (d) Every new benefit increase shall expire 5 years after
22its effective date or on such earlier date as may be specified
23in the language enacting the new benefit increase or provided
24under subsection (c). This does not prevent the General
25Assembly from extending or re-creating a new benefit increase
26by law.



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1    (e) Except as otherwise provided in the language creating
2the new benefit increase, a new benefit increase that expires
3under this Section continues to apply to persons who applied
4and qualified for the affected benefit while the new benefit
5increase was in effect and to the affected beneficiaries and
6alternate payees of such persons, but does not apply to any
7other person, including without limitation a person who
8continues in service after the expiration date and did not
9apply and qualify for the affected benefit while the new
10benefit increase was in effect.
11(Source: P.A. 94-4, eff. 6-1-05; 95-910, eff. 8-26-08.)
12    Section 90. The State Mandates Act is amended by adding
13Section 8.41 as follows:
14    (30 ILCS 805/8.41 new)
15    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
16of this Act, no reimbursement by the State is required for the
17implementation of any mandate created by this amendatory Act of
18the 100th General Assembly.
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".