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| | HB1297 Engrossed | | LRB103 25566 RPS 51915 b |
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1 | | AN ACT concerning public employee benefits.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Pension Code is amended by |
5 | | changing Section 16-127 as follows:
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6 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
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7 | | Sec. 16-127. Computation of creditable service.
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8 | | (a) Each member shall receive regular credit for all
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9 | | service as a teacher from the date membership begins, for |
10 | | which
satisfactory evidence is supplied and all contributions |
11 | | have been paid.
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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:
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16 | | (1) Prior service as a teacher.
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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 |
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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
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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
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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 |
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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.
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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
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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.
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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 |
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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
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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.
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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
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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
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25 | | such year. In all other cases where credit for military |
26 | | service is allowed,
credit shall be granted from the date |
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1 | | of entry into the service.
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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
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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.
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17 | | (4) Any periods served as a member of the General |
18 | | Assembly.
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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 |
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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
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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
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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
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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.
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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
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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.
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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.
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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 |
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1 | | date.
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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
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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.
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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
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19 | | established while serving as such superintendent or |
20 | | assistant
superintendent.
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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.
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25 | | (8) Service as a substitute teacher for work performed
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26 | | prior to July 1, 1990.
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1 | | (9) Service as a part-time teacher for work performed
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2 | | prior to July 1, 1990.
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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
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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.
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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.
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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.
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10 | | Any service credits granted under this Section shall |
11 | | terminate upon
cessation of membership for any cause.
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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.
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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.)
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20 | | Section 99. Effective date. This Act takes effect upon |
21 | | becoming law.
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