Sen. Mattie Hunter

Filed: 2/1/2022

 

 


 

 


 
10200SB4000sam001LRB102 23374 RPS 35643 a

1
AMENDMENT TO SENATE BILL 4000

2    AMENDMENT NO. ______. Amend Senate Bill 4000 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 17-149 as follows:
 
6    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)
7    Sec. 17-149. Cancellation of pensions.
8    (a) If any person receiving a disability retirement
9pension from the Fund is re-employed as a teacher by an
10Employer, the pension shall be cancelled on the date the
11re-employment begins, or on the first day of a payroll period
12for which service credit was validated, whichever is earlier.
13    (b) If any person receiving a service retirement pension
14from the Fund is re-employed as a teacher on a permanent or
15annual basis by an Employer, the pension shall be cancelled on
16the date the re-employment begins, or on the first day of a

 

 

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1payroll period for which service credit was validated,
2whichever is earlier. However, subject to the limitations and
3requirements of subsection (c-5), the pension shall not be
4cancelled in the case of a service retirement pensioner who is
5re-employed on a temporary and non-annual basis or on an
6hourly basis.
7    (c) If the date of re-employment on a permanent or annual
8basis occurs within 5 school months after the date of previous
9retirement, exclusive of any vacation period, the member shall
10be deemed to have been out of service only temporarily and not
11permanently retired. Such person shall be entitled to pension
12payments for the time he could have been employed as a teacher
13and received salary, but shall not be entitled to pension for
14or during the summer vacation prior to his return to service.
15    When the member again retires on pension, the time of
16service and the money contributed by him during re-employment
17shall be added to the time and money previously credited. Such
18person must acquire 3 consecutive years of additional
19contributing service before he may retire again on a pension
20at a rate and under conditions other than those in force or
21attained at the time of his previous retirement.
22    (c-5) For school years beginning on or after July 1, 2022,
23the service retirement pension shall not be cancelled in the
24case of a service retirement pensioner who is re-employed as a
25teacher or administrator on a temporary and non-annual basis
26or on an hourly basis, so long as the person (1) does not work

 

 

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1as a teacher or administrator for compensation on more than
2120 days in a school year or (2) in the case of a person who
3retires with at least 5 years of service as a principal or
4administrator, does not work as a teacher or administrator for
5compensation on more than 140 days in a school year. These
6limitations apply only to school years that begin on or after
7July 1, 2022. Such re-employment does not require
8contributions, result in service credit, or constitute active
9membership in the Fund.
10    For school years beginning on or after July 1, 2019 and
11before July 1, 2022, the service retirement pension shall not
12be cancelled in the case of a service retirement pensioner who
13is re-employed as a teacher on a temporary and non-annual
14basis or on an hourly basis, so long as the person (1) does not
15work as a teacher for compensation on more than 120 days in a
16school year or (2) does not accept gross compensation for the
17re-employment in a school year in excess of (i) $30,000 or (ii)
18in the case of a person who retires with at least 5 years of
19service as a principal, an amount that is equal to the daily
20rate normally paid to retired principals multiplied by 100.
21These limitations apply only to school years that begin on or
22after July 1, 2019 and before July 1, 2022. Such re-employment
23does not require contributions, result in service credit, or
24constitute active membership in the Fund.
25    The service retirement pension shall not be cancelled in
26the case of a service retirement pensioner who is re-employed

 

 

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1as a teacher on a temporary and non-annual basis or on an
2hourly basis, so long as the person (1) does not work as a
3teacher for compensation on more than 100 days in a school year
4or (2) does not accept gross compensation for the
5re-employment in a school year in excess of (i) $30,000 or (ii)
6in the case of a person who retires with at least 5 years of
7service as a principal, an amount that is equal to the daily
8rate normally paid to retired principals multiplied by 100.
9These limitations apply only to school years that begin on or
10after August 8, 2012 (the effective date of Public Act 97-912)
11and before July 1, 2019. Such re-employment does not require
12contributions, result in service credit, or constitute active
13membership in the Fund.
14    Notwithstanding the 120-day or 140-day limit set forth in
15item (1) of this subsection (c-5), the service retirement
16pension shall not be cancelled in the case of a service
17retirement pensioner who teaches only driver education courses
18after regular school hours and does not teach any other
19subject area, so long as the person does not work as a teacher
20for compensation for more than 900 hours in a school year. For
21school years beginning before July 1, 2022, the The $30,000
22limit set forth in subitem (i) of item (2) of this subsection
23(c-5) shall apply to a service retirement pensioner who
24teaches only driver education courses after regular school
25hours and does not teach any other subject area.
26    To be eligible for such re-employment without cancellation

 

 

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1of pension, the pensioner must notify the Fund and the Board of
2Education of his or her intention to accept re-employment
3under this subsection (c-5) before beginning that
4re-employment (or if the re-employment began before the
5effective date of this amendatory Act, then within 30 days
6after that effective date).
7    An Employer must certify to the Fund the temporary and
8non-annual or hourly status and the compensation of each
9pensioner re-employed under this subsection at least
10quarterly, and when the pensioner is approaching the earnings
11limitation under this subsection if an earnings limitation
12applies.
13    If the pensioner works more than 100 days or accepts
14excess gross compensation for such re-employment in any school
15year that begins on or after August 8, 2012 (the effective date
16of Public Act 97-912), the service retirement pension shall
17thereupon be cancelled.
18    If the pensioner who only teaches drivers education
19courses after regular school hours works more than 900 hours
20or accepts excess gross compensation, if a limitation on the
21amount of gross compensation applies, for such re-employment
22in any school year that begins on or after the effective date
23of this amendatory Act of the 99th General Assembly, the
24service retirement pension shall thereupon be cancelled.
25    If the pensioner works more than 120 days or accepts
26excess gross compensation for such re-employment in any school

 

 

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1year that begins on or after July 1, 2019, the service
2retirement pension shall thereupon be cancelled.
3    If the pensioner works more than 120 days or 140 days,
4whichever is applicable, in any school year that begins on or
5after July 1, 2022, the service retirement pension shall
6thereupon be cancelled.
7    The Board of the Fund shall adopt rules for the
8implementation and administration of this subsection.
9    (d) Notwithstanding Sections 1-103.1 and 17-157, the
10changes to this Section made by Public Act 90-32 apply without
11regard to whether termination of service occurred before the
12effective date of that Act and apply retroactively to August
1323, 1989.
14    Notwithstanding Sections 1-103.1 and 17-157, the changes
15to this Section and Section 17-106 made by Public Act 92-599
16apply without regard to whether termination of service
17occurred before the effective date of that Act.
18    Notwithstanding Sections 1-103.1 and 17-157, the changes
19to this Section made by this amendatory Act of the 97th General
20Assembly apply without regard to whether termination of
21service occurred before the effective date of this amendatory
22Act.
23(Source: P.A. 101-340, eff. 8-9-19.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".