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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 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 | |||||||||||||||||||
9 | pension from the Fund is re-employed as a teacher by an | |||||||||||||||||||
10 | Employer, the pension shall be cancelled on the date the | |||||||||||||||||||
11 | re-employment begins, or on the first day of a payroll period | |||||||||||||||||||
12 | for which service credit was validated, whichever is earlier. | |||||||||||||||||||
13 | (b) If any person receiving a service retirement pension | |||||||||||||||||||
14 | from the Fund is re-employed as a teacher on a permanent or | |||||||||||||||||||
15 | annual basis by an Employer, the pension shall be cancelled on | |||||||||||||||||||
16 | the date the re-employment begins, or on the first day of a | |||||||||||||||||||
17 | payroll period for which service credit was validated, | |||||||||||||||||||
18 | whichever is earlier. However, subject to the limitations and | |||||||||||||||||||
19 | requirements of subsection (c-5), (c-6), (c-7), or (c-10), the | |||||||||||||||||||
20 | pension shall not be cancelled in the case of a service | |||||||||||||||||||
21 | retirement pensioner who is re-employed on a temporary and | |||||||||||||||||||
22 | non-annual basis or on an hourly basis. | |||||||||||||||||||
23 | (c) If the date of re-employment on a permanent or annual |
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1 | basis occurs within 5 school months after the date of previous | ||||||
2 | retirement, exclusive of any vacation period, the member shall | ||||||
3 | be deemed to have been out of service only temporarily and not | ||||||
4 | permanently retired. Such person shall be entitled to pension | ||||||
5 | payments for the time he could have been employed as a teacher | ||||||
6 | and received salary, but shall not be entitled to pension for | ||||||
7 | or during the summer vacation prior to his return to service. | ||||||
8 | When the member again retires on pension, the time of | ||||||
9 | service and the money contributed by him during re-employment | ||||||
10 | shall be added to the time and money previously credited. Such | ||||||
11 | person must acquire 3 consecutive years of additional | ||||||
12 | contributing service before he may retire again on a pension | ||||||
13 | at a rate and under conditions other than those in force or | ||||||
14 | attained at the time of his previous retirement. | ||||||
15 | (c-5) For school years beginning on or after July 1, 2019 | ||||||
16 | and before July 1, 2022, the service retirement pension shall | ||||||
17 | not be cancelled in the case of a service retirement pensioner | ||||||
18 | who is re-employed as a teacher on a temporary and non-annual | ||||||
19 | basis or on an hourly basis, so long as the person (1) does not | ||||||
20 | work as a teacher for compensation on more than 120 days in a | ||||||
21 | school year or (2) does not accept gross compensation for the | ||||||
22 | re-employment in a school year in excess of (i) $30,000 or (ii) | ||||||
23 | in the case of a person who retires with at least 5 years of | ||||||
24 | service as a principal, an amount that is equal to the daily | ||||||
25 | rate normally paid to retired principals multiplied by 100. | ||||||
26 | These limitations apply only to school years that begin on or |
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1 | after July 1, 2019 and before July 1, 2022. Such re-employment | ||||||
2 | does not require contributions, result in service credit, or | ||||||
3 | constitute active membership in the Fund. | ||||||
4 | The service retirement pension shall not be cancelled in | ||||||
5 | the case of a service retirement pensioner who is re-employed | ||||||
6 | as a teacher on a temporary and non-annual basis or on an | ||||||
7 | hourly basis, so long as the person (1) does not work as a | ||||||
8 | teacher for compensation on more than 100 days in a school year | ||||||
9 | or (2) does not accept gross compensation for the | ||||||
10 | re-employment in a school year in excess of (i) $30,000 or (ii) | ||||||
11 | in the case of a person who retires with at least 5 years of | ||||||
12 | service as a principal, an amount that is equal to the daily | ||||||
13 | rate normally paid to retired principals multiplied by 100. | ||||||
14 | These limitations apply only to school years that begin on or | ||||||
15 | after August 8, 2012 (the effective date of Public Act 97-912) | ||||||
16 | and before July 1, 2019. Such re-employment does not require | ||||||
17 | contributions, result in service credit, or constitute active | ||||||
18 | membership in the Fund. | ||||||
19 | Notwithstanding the 120-day limit set forth in item (1) of | ||||||
20 | this subsection (c-5), the service retirement pension shall | ||||||
21 | not be cancelled in the case of a service retirement pensioner | ||||||
22 | who teaches only driver education courses after regular school | ||||||
23 | hours and does not teach any other subject area, so long as the | ||||||
24 | person does not work as a teacher for compensation for more | ||||||
25 | than 900 hours in a school year. The $30,000 limit set forth in | ||||||
26 | subitem (i) of item (2) of this subsection (c-5) shall apply to |
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1 | a service retirement pensioner who teaches only driver | ||||||
2 | education courses after regular school hours and does not | ||||||
3 | teach any other subject area. | ||||||
4 | To be eligible for such re-employment without cancellation | ||||||
5 | of pension, the pensioner must notify the Fund and the Board of | ||||||
6 | Education of his or her intention to accept re-employment | ||||||
7 | under this subsection (c-5) before beginning that | ||||||
8 | re-employment (or if the re-employment began before August 8, | ||||||
9 | 2012 (the effective date of Public Act 97-912), then within 30 | ||||||
10 | days after that effective date). | ||||||
11 | An Employer must certify to the Fund the temporary and | ||||||
12 | non-annual or hourly status and the compensation of each | ||||||
13 | pensioner re-employed under this subsection at least | ||||||
14 | quarterly, and when the pensioner is approaching the earnings | ||||||
15 | limitation under this subsection. | ||||||
16 | If the pensioner works more than 100 days or accepts | ||||||
17 | excess gross compensation for such re-employment in any school | ||||||
18 | year that begins on or after August 8, 2012 (the effective date | ||||||
19 | of Public Act 97-912), the service retirement pension shall | ||||||
20 | thereupon be cancelled. | ||||||
21 | If the pensioner who only teaches drivers education | ||||||
22 | courses after regular school hours works more than 900 hours | ||||||
23 | or accepts excess gross compensation for such re-employment in | ||||||
24 | any school year that begins on or after August 12, 2016 (the | ||||||
25 | effective date of Public Act 99-786), the service retirement | ||||||
26 | pension shall thereupon be cancelled. |
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1 | If the pensioner works more than 120 days or accepts | ||||||
2 | excess gross compensation for such re-employment in any school | ||||||
3 | year that begins on or after July 1, 2019, the service | ||||||
4 | retirement pension shall thereupon be cancelled. | ||||||
5 | The Board of the Fund shall adopt rules for the | ||||||
6 | implementation and administration of this subsection. | ||||||
7 | (c-6) For school years beginning on or after July 1, 2022 | ||||||
8 | and before July 1, 2027 2024 , the service retirement pension | ||||||
9 | shall not be cancelled in the case of a service retirement | ||||||
10 | pensioner who is re-employed as a teacher or an administrator | ||||||
11 | on a temporary and non-annual basis or on an hourly basis, so | ||||||
12 | long as the person does not work as a teacher or an | ||||||
13 | administrator for compensation on more than 140 days in a | ||||||
14 | school year. Such re-employment does not require | ||||||
15 | contributions, result in service credit, or constitute active | ||||||
16 | membership in the Fund. | ||||||
17 | (c-7) For school years beginning on or after July 1, 2027 | ||||||
18 | 2024 , the service retirement pension shall not be cancelled in | ||||||
19 | the case of a service retirement pensioner who is re-employed | ||||||
20 | as a teacher or an administrator on a temporary and non-annual | ||||||
21 | basis or on an hourly basis, so long as the person does not | ||||||
22 | work as a teacher or an administrator for compensation on more | ||||||
23 | than 120 days in a school year. Such re-employment does not | ||||||
24 | require contributions, result in service credit, or constitute | ||||||
25 | active membership in the Fund. | ||||||
26 | (c-10) Until June 30, 2027 2024 , the service retirement |
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1 | pension of a service retirement pensioner shall not be | ||||||
2 | cancelled if the service retirement pensioner is employed in a | ||||||
3 | subject shortage area and the Employer that is employing the | ||||||
4 | service retirement pensioner meets the following requirements: | ||||||
5 | (1) If the Employer has honorably dismissed, within | ||||||
6 | the calendar year preceding the beginning of the school | ||||||
7 | term for which it seeks to employ a service retirement | ||||||
8 | pensioner under this subsection, any teachers who are | ||||||
9 | legally qualified to hold positions in the subject | ||||||
10 | shortage area and have not yet begun to receive their | ||||||
11 | service retirement pensions under this Article, the vacant | ||||||
12 | positions must first be tendered to those teachers. | ||||||
13 | (2) For a period of at least 90 days during the 6 | ||||||
14 | months preceding the beginning of either the fall or | ||||||
15 | spring term for which it seeks to employ a service | ||||||
16 | retirement pensioner under this subsection, the Employer | ||||||
17 | must, on an ongoing basis, (i) advertise its vacancies in | ||||||
18 | the subject shortage area in employment bulletins | ||||||
19 | published by college and university placement offices | ||||||
20 | located near the school; (ii) search for teachers legally | ||||||
21 | qualified to fill those vacancies through the Illinois | ||||||
22 | Education Job Bank; and (iii) post all vacancies on the | ||||||
23 | Employer's website and list the vacancy in an online job | ||||||
24 | portal or database. | ||||||
25 | An Employer of a teacher who is unable to continue | ||||||
26 | employment with the Employer because of documented illness, |
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1 | injury, or disability that occurred after being hired by the | ||||||
2 | Employer under this subsection is exempt from the provisions | ||||||
3 | of paragraph (2) for 90 school days. However, the Employer | ||||||
4 | must on an ongoing basis comply with items (i), (ii), and (iii) | ||||||
5 | of paragraph (2). | ||||||
6 | The Employer must submit documentation of its compliance | ||||||
7 | with this subsection to the regional superintendent. Upon | ||||||
8 | receiving satisfactory documentation from the Employer, the | ||||||
9 | regional superintendent shall certify the Employer's | ||||||
10 | compliance with this subsection to the Fund. | ||||||
11 | (d) Notwithstanding Sections 1-103.1 and 17-157, the | ||||||
12 | changes to this Section made by Public Act 90-32 apply without | ||||||
13 | regard to whether termination of service occurred before the | ||||||
14 | effective date of that Act and apply retroactively to August | ||||||
15 | 23, 1989. | ||||||
16 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
17 | to this Section and Section 17-106 made by Public Act 92-599 | ||||||
18 | apply without regard to whether termination of service | ||||||
19 | occurred before June 28, 2002 (the effective date of Public | ||||||
20 | Act 92-599). | ||||||
21 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
22 | to this Section made by Public Act 97-912 apply without regard | ||||||
23 | to whether termination of service occurred before August 8, | ||||||
24 | 2012 (the effective date of Public Act 97-912). | ||||||
25 | (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22; | ||||||
26 | 103-154, eff. 6-30-23.) |
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law. |