| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning public employee benefits.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Pension Code is amended by | |||||||||||||||||||
5 | changing Section 16-127 as follows:
| |||||||||||||||||||
6 | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
| |||||||||||||||||||
7 | Sec. 16-127. Computation of creditable service.
| |||||||||||||||||||
8 | (a) Each member shall receive regular credit for all
| |||||||||||||||||||
9 | service as a teacher from the date membership begins, for | |||||||||||||||||||
10 | which
satisfactory evidence is supplied and all contributions | |||||||||||||||||||
11 | have been paid.
| |||||||||||||||||||
12 | (b) The following periods of service shall earn optional | |||||||||||||||||||
13 | credit and
each member shall receive credit for all such | |||||||||||||||||||
14 | service for which
satisfactory evidence is supplied and all | |||||||||||||||||||
15 | contributions have been paid as
of the date specified:
| |||||||||||||||||||
16 | (1) Prior service as a teacher.
| |||||||||||||||||||
17 | (2) Service in a capacity essentially similar or | |||||||||||||||||||
18 | equivalent to that of a
teacher, in the public common | |||||||||||||||||||
19 | schools in school districts in this State not
included | |||||||||||||||||||
20 | within the provisions of this System, or of any other | |||||||||||||||||||
21 | State,
territory, dependency or possession of the United | |||||||||||||||||||
22 | States, or in schools
operated by or under the auspices of | |||||||||||||||||||
23 | the United States, or under the
auspices of any agency or |
| |||||||
| |||||||
1 | department of any other State, and service during
any | ||||||
2 | period of professional speech correction or special | ||||||
3 | education
experience for a public agency within this State | ||||||
4 | or any other State,
territory, dependency or possession of | ||||||
5 | the United States, and service prior
to February 1, 1951 | ||||||
6 | as a recreation worker for the Illinois Department of
| ||||||
7 | Public Safety, for a period not exceeding the lesser of | ||||||
8 | 2/5 of the total
creditable service of the member or 10 | ||||||
9 | years. The maximum service of 10
years which is allowable | ||||||
10 | under this paragraph shall be reduced by the
service | ||||||
11 | credit which is validated by other retirement systems | ||||||
12 | under
paragraph (i) of Section 15-113 and paragraph 1 of | ||||||
13 | Section 17-133. Credit
granted under this paragraph may | ||||||
14 | not be used in determination of a
retirement annuity or | ||||||
15 | disability benefits unless the member has at least 5
years | ||||||
16 | of creditable service earned subsequent to this employment | ||||||
17 | with one
or more of the following systems: Teachers' | ||||||
18 | Retirement System of the State
of Illinois, State | ||||||
19 | Universities Retirement System, and the Public School
| ||||||
20 | Teachers' Pension and Retirement Fund of Chicago. Whenever | ||||||
21 | such service
credit exceeds the maximum allowed for all | ||||||
22 | purposes of this Article, the
first service rendered in | ||||||
23 | point of time shall be considered.
The changes to this | ||||||
24 | subdivision (b)(2) made by Public Act 86-272 shall
apply | ||||||
25 | not only to persons who on or after its effective date | ||||||
26 | (August 23,
1989) are in service as a teacher under the |
| |||||||
| |||||||
1 | System, but also to persons
whose status as such a teacher | ||||||
2 | terminated prior to such effective date,
whether or not | ||||||
3 | such person is an annuitant on that date.
| ||||||
4 | (3) Any periods immediately following teaching | ||||||
5 | service, under this
System or under Article 17, (or | ||||||
6 | immediately following service prior to
February 1, 1951 as | ||||||
7 | a recreation worker for the Illinois Department of
Public | ||||||
8 | Safety) spent in active service with the military forces | ||||||
9 | of the
United States; periods spent in educational | ||||||
10 | programs that prepare for
return to teaching sponsored by | ||||||
11 | the federal government following such
active military | ||||||
12 | service; if a teacher returns to teaching service within
| ||||||
13 | one calendar year after discharge or after the completion | ||||||
14 | of the
educational program, a further period, not | ||||||
15 | exceeding one calendar year,
between time spent in | ||||||
16 | military service or in such educational programs and
the | ||||||
17 | return to employment as a teacher under this System; and a | ||||||
18 | period of up
to 2 years of active military service not | ||||||
19 | immediately following employment
as a teacher.
| ||||||
20 | The changes to this Section and Section 16-128 | ||||||
21 | relating to military
service made by P.A. 87-794 shall | ||||||
22 | apply not only to persons who on or after its
effective | ||||||
23 | date are in service as a teacher under the System, but also | ||||||
24 | to
persons whose status as a teacher terminated prior to | ||||||
25 | that date, whether or not
the person is an annuitant on | ||||||
26 | that date. In the case of an annuitant who
applies for |
| |||||||
| |||||||
1 | credit allowable under this Section for a period of | ||||||
2 | military
service that did not immediately follow | ||||||
3 | employment, and who has made the
required contributions | ||||||
4 | for such credit, the annuity shall be recalculated to
| ||||||
5 | include the additional service credit, with the increase | ||||||
6 | taking effect on the
date the System received written | ||||||
7 | notification of the annuitant's intent to
purchase the | ||||||
8 | credit, if payment of all the required contributions is | ||||||
9 | made
within 60 days of such notice, or else on the first | ||||||
10 | annuity payment date
following the date of payment of the | ||||||
11 | required contributions. In calculating
the automatic | ||||||
12 | annual increase for an annuity that has been recalculated | ||||||
13 | under
this Section, the increase attributable to the | ||||||
14 | additional service allowable
under P.A. 87-794 shall be | ||||||
15 | included in the calculation of automatic annual
increases | ||||||
16 | accruing after the effective date of the recalculation.
| ||||||
17 | Credit for military service shall be determined as | ||||||
18 | follows: if entry
occurs during the months of July, | ||||||
19 | August, or September and the member was a
teacher at the | ||||||
20 | end of the immediately preceding school term, credit shall
| ||||||
21 | be granted from July 1 of the year in which he or she | ||||||
22 | entered service; if
entry occurs during the school term | ||||||
23 | and the teacher was in teaching service
at the beginning | ||||||
24 | of the school term, credit shall be granted from July 1 of
| ||||||
25 | such year. In all other cases where credit for military | ||||||
26 | service is allowed,
credit shall be granted from the date |
| |||||||
| |||||||
1 | of entry into the service.
| ||||||
2 | The total period of military service for which credit | ||||||
3 | is granted shall
not exceed 5 years for any member unless | ||||||
4 | the service: (A) is validated
before July 1, 1964, and (B) | ||||||
5 | does not extend beyond July 1, 1963. Credit
for military | ||||||
6 | service shall be granted under this Section only if not | ||||||
7 | more
than 5 years of the military service for which credit | ||||||
8 | is granted under this
Section is used by the member to | ||||||
9 | qualify for a military retirement
allotment from any | ||||||
10 | branch of the armed forces of the United States. The
| ||||||
11 | changes to this subdivision (b)(3) made by Public Act | ||||||
12 | 86-272 shall apply
not only to persons who on or after its | ||||||
13 | effective date (August 23, 1989)
are in service as a | ||||||
14 | teacher under the System, but also to persons whose
status | ||||||
15 | as such a teacher terminated prior to such effective date, | ||||||
16 | whether
or not such person is an annuitant on that date.
| ||||||
17 | (4) Any periods served as a member of the General | ||||||
18 | Assembly.
| ||||||
19 | (5)(i) Any periods for which a teacher, as defined in | ||||||
20 | Section
16-106, is granted a leave of absence, provided he | ||||||
21 | or she returns to teaching
service creditable under this | ||||||
22 | System or the State Universities Retirement
System | ||||||
23 | following the leave; (ii) periods during which a teacher | ||||||
24 | is
involuntarily laid off from teaching, provided he or | ||||||
25 | she returns to teaching
following the lay-off; (iii) | ||||||
26 | periods prior to July 1, 1983 during which
a teacher |
| |||||||
| |||||||
1 | ceased covered employment due to pregnancy, provided that | ||||||
2 | the teacher
returned to teaching service creditable under | ||||||
3 | this System or the State
Universities Retirement System | ||||||
4 | following the pregnancy and submits evidence
satisfactory | ||||||
5 | to the Board documenting that the employment ceased due to
| ||||||
6 | pregnancy; and (iv) periods prior to July 1, 1983 during | ||||||
7 | which a teacher
ceased covered employment for the purpose | ||||||
8 | of adopting an infant under 3 years
of age or caring for a | ||||||
9 | newly adopted infant under 3 years of age, provided that
| ||||||
10 | the teacher returned to teaching service creditable under | ||||||
11 | this System or the
State Universities Retirement System | ||||||
12 | following the adoption and submits
evidence satisfactory | ||||||
13 | to the Board documenting that the employment ceased for
| ||||||
14 | the purpose of adopting an infant under 3 years of age or | ||||||
15 | caring for a newly
adopted infant under 3 years of age. | ||||||
16 | However, total credit under this
paragraph (5) may not | ||||||
17 | exceed 3 years.
| ||||||
18 | Any qualified member or annuitant may apply for credit | ||||||
19 | under item (iii)
or (iv) of this paragraph (5) without | ||||||
20 | regard to whether service was
terminated before the | ||||||
21 | effective date of this amendatory Act of 1997. In the case | ||||||
22 | of an annuitant who establishes credit under item (iii)
or | ||||||
23 | (iv), the annuity shall be recalculated to include the | ||||||
24 | additional
service credit. The increase in annuity shall | ||||||
25 | take effect on the date the
System receives written | ||||||
26 | notification of the annuitant's intent to purchase the
|
| |||||||
| |||||||
1 | credit, if the required evidence is submitted and the | ||||||
2 | required contribution
paid within 60 days of that | ||||||
3 | notification, otherwise on the first annuity
payment date | ||||||
4 | following the System's receipt of the required evidence | ||||||
5 | and
contribution. The increase in an annuity recalculated | ||||||
6 | under this provision
shall be included in the calculation | ||||||
7 | of automatic annual increases in the
annuity accruing | ||||||
8 | after the effective date of the recalculation.
| ||||||
9 | Optional credit may be purchased under this subsection | ||||||
10 | (b)(5) for
periods during which a teacher has been granted | ||||||
11 | a leave of absence pursuant
to Section 24-13 of the School | ||||||
12 | Code. A teacher whose service under this
Article | ||||||
13 | terminated prior to the effective date of P.A. 86-1488 | ||||||
14 | shall be
eligible to purchase such optional credit. If a | ||||||
15 | teacher who purchases this
optional credit is already | ||||||
16 | receiving a retirement annuity under this Article,
the | ||||||
17 | annuity shall be recalculated as if the annuitant had | ||||||
18 | applied for the leave
of absence credit at the time of | ||||||
19 | retirement. The difference between the
entitled annuity | ||||||
20 | and the actual annuity shall be credited to the purchase | ||||||
21 | of
the optional credit. The remainder of the purchase cost | ||||||
22 | of the optional credit
shall be paid on or before April 1, | ||||||
23 | 1992.
| ||||||
24 | The change in this paragraph made by Public Act 86-273 | ||||||
25 | shall
be applicable to teachers who retire after June 1, | ||||||
26 | 1989, as well as to
teachers who are in service on that |
| |||||||
| |||||||
1 | date.
| ||||||
2 | (6) Any days of unused and uncompensated accumulated | ||||||
3 | sick leave earned
by a teacher. The service credit granted | ||||||
4 | under this paragraph shall be the
ratio of the number of | ||||||
5 | unused and uncompensated accumulated sick leave days
to | ||||||
6 | 170 days, subject to a maximum of 2 years of service
| ||||||
7 | credit. Prior to the member's retirement, each former | ||||||
8 | employer shall
certify to the System the number of unused | ||||||
9 | and uncompensated accumulated
sick leave days credited to | ||||||
10 | the member at the time of termination of service.
The | ||||||
11 | period of unused sick leave shall not be considered in | ||||||
12 | determining
the effective date of retirement. A member is | ||||||
13 | not required to make
contributions in order to obtain | ||||||
14 | service credit for unused sick leave.
| ||||||
15 | Credit for sick leave shall, at retirement, be granted | ||||||
16 | by the System
for any retiring regional or assistant | ||||||
17 | regional superintendent of schools
at the rate of 6 days | ||||||
18 | per year of creditable service or portion thereof
| ||||||
19 | established while serving as such superintendent or | ||||||
20 | assistant
superintendent.
| ||||||
21 | (7) Periods prior to February 1, 1987 served as an | ||||||
22 | employee of the
Illinois Mathematics and Science Academy | ||||||
23 | for which credit has not been
terminated under Section | ||||||
24 | 15-113.9 of this Code.
| ||||||
25 | (8) Service as a substitute teacher for work performed
| ||||||
26 | prior to July 1, 1990.
|
| |||||||
| |||||||
1 | (9) Service as a part-time teacher for work performed
| ||||||
2 | prior to July 1, 1990.
| ||||||
3 | (10) Up to 2 years of employment with Southern | ||||||
4 | Illinois University -
Carbondale from September 1, 1959 to | ||||||
5 | August 31, 1961, or with Governors
State University from | ||||||
6 | September 1, 1972 to August 31, 1974, for which the
| ||||||
7 | teacher has no credit under Article 15. To receive credit | ||||||
8 | under this item
(10), a teacher must apply in writing to | ||||||
9 | the Board and pay the required
contributions before May 1, | ||||||
10 | 1993 and have at least 12 years of service
credit under | ||||||
11 | this Article.
| ||||||
12 | (b-1) A member may establish optional credit for up to 2 | ||||||
13 | years of service
as a teacher or administrator employed by a | ||||||
14 | private school recognized by the
Illinois State Board of | ||||||
15 | Education, provided that the teacher (i) was certified
under | ||||||
16 | the law governing the certification of teachers at the time | ||||||
17 | the service
was rendered, (ii) applies in writing on or before | ||||||
18 | June 30, 2028 2023 , (iii) supplies satisfactory evidence of | ||||||
19 | the employment, (iv)
completes at least 10 years of | ||||||
20 | contributing service as a teacher as defined in
Section | ||||||
21 | 16-106, and (v) pays the contribution required in subsection | ||||||
22 | (d-5) of
Section 16-128. The member may apply for credit under | ||||||
23 | this subsection and pay
the required contribution before | ||||||
24 | completing the 10 years of contributing
service required under | ||||||
25 | item (iv), but the credit may not be used until the
item (iv) | ||||||
26 | contributing service requirement has been met.
|
| |||||||
| |||||||
1 | (c) The service credits specified in this Section shall be | ||||||
2 | granted only
if: (1) such service credits are not used for | ||||||
3 | credit in any other statutory
tax-supported public employee | ||||||
4 | retirement system other than the federal Social
Security | ||||||
5 | program; and (2) the member makes the required contributions | ||||||
6 | as
specified in Section 16-128. Except as provided in | ||||||
7 | subsection (b-1) of
this Section, the service credit shall be | ||||||
8 | effective as of the date the
required contributions are | ||||||
9 | completed.
| ||||||
10 | Any service credits granted under this Section shall | ||||||
11 | terminate upon
cessation of membership for any cause.
| ||||||
12 | Credit may not be granted under this Section covering any | ||||||
13 | period for
which an age retirement or disability retirement | ||||||
14 | allowance has been paid.
| ||||||
15 | Credit may not be granted under this Section for service | ||||||
16 | as an employee of an entity that provides substitute teaching | ||||||
17 | services under Section 2-3.173 of the School Code and is not a | ||||||
18 | school district. | ||||||
19 | (Source: P.A. 102-525, eff. 8-20-21.)
| ||||||
20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
|