SB1285 103RD GENERAL ASSEMBLY

LRB103 25133 RPS 51470 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1285

Introduced 2/3/2023, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

40 ILCS 5/16-118

from Ch. 108 1/2, par. 16-118

Amends the Downstate Teacher Article of the Illinois Pension Code. In provisions that limit the number of days and hours an annuitant may accept employment for without impairing retirement status, provides that the limitation does not apply to an annuitant who returns to teaching as a substitute teacher in a school district that has been granted a waiver by the System. Provides that a school district may apply for a waiver by providing to the System sufficient evidence that there is a substitute teacher shortage in the school district and an estimate of the number of paid hours in the school year that the annuitant will work. Effective immediately.

A BILL FOR

AN ACT concerning public employee benefits.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pension Code is amended by changing Section 16-118 as follows:

(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)

Sec. 16-118. Retirement. "Retirement": Entry upon a retirement annuity or receipt of a single-sum retirement benefit granted under this Article after termination of active service as a teacher.

(a) An annuitant receiving a retirement annuity other than a disability retirement annuity may accept employment as a teacher from a school board or other employer specified in Section 16-106 without impairing retirement status, if that employment:

(1) is not within the school year during which service was terminated; and

(2) does not exceed the following:

(i) before July 1, 2001, 100 paid days or 500 paid hours in any school year;

(ii) during the period beginning July 1, 2001 through June 30, 2011, 120 paid days or 600 paid hours in each school year;

(iii) during the period beginning July 1, 2011 through June 30, 2018, 100 paid days or 500 paid hours in each school year;

(iv) beginning July 1, 2018 through June 30, 2023, 120 paid days or 600 paid hours in each school year, but not more than 100 paid days in the same classroom;

(v) during the period between July 1, 2021 and June 30, 2022, an additional 20 paid days or 100 paid hours shall be added to item (iv) of this paragraph (2) to assist with addressing the substitute teacher shortage that has been exacerbated by the ongoing global pandemic; and

(vi) beginning July 1, 2023, 100 paid days or 500 paid hours in each school year.

Where such permitted employment is partly on a daily and partly on an hourly basis, a day shall be considered as 5 hours.

(b) Subsection (a) does not apply to an annuitant who returns to teaching under the program established in Section 16-150.1, for the duration of his or her participation in that program.

(c) Subsection (a) does not apply to an annuitant who returns to teaching as a substitute teacher in a school district that has been granted a waiver from the requirements of subsection (a) by the System. A school district may apply for a waiver under this subsection by providing to the System: (i) sufficient evidence that there is a substitute teacher shortage in the school district; and (ii) an estimate of the number of paid hours in the school year that the annuitant will work.

(Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21; 102-709, eff. 4-22-22.)

Section 99. Effective date. This Act takes effect upon becoming law.