97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1558

 

Introduced 2/9/2011, by Sen. John O. Jones

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-106  from Ch. 108 1/2, par. 16-106

    Amends the Downstate Teachers Article of the Illinois Pension Code. Provides that a person who becomes an employee of a school board association, an officer or employee of a statewide teacher organization, or an officer of a national teacher organization must have, before the effective date of the amendatory Act, qualified as a teacher under the Downstate Teachers Article of the Illinois Pension Code in order to have service in one of those positions qualify him or her as a teacher under that Article of the Code. Also makes technical changes.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 16-106 as follows:
 
6    (40 ILCS 5/16-106)  (from Ch. 108 1/2, par. 16-106)
7    Sec. 16-106. Teacher. "Teacher": The following
8individuals, provided that, for employment prior to July 1,
91990, they are employed on a full-time basis, or if not
10full-time, on a permanent and continuous basis in a position in
11which services are expected to be rendered for at least one
12school term:
13        (1) Any educational, administrative, professional or
14    other staff employed in the public common schools included
15    within this system in a position requiring certification
16    under the law governing the certification of teachers. ;
17        (2) Any educational, administrative, professional or
18    other staff employed in any facility of the Department of
19    Children and Family Services or the Department of Human
20    Services, in a position requiring certification under the
21    law governing the certification of teachers, and any person
22    who (i) works in such a position for the Department of
23    Corrections, (ii) was a member of this System on May 31,

 

 

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1    1987, and (iii) did not elect to become a member of the
2    State Employees' Retirement System pursuant to Section
3    14-108.2 of this Code; except that "teacher" does not
4    include any person who (A) becomes a security employee of
5    the Department of Human Services, as defined in Section
6    14-110, after June 28, 2001 (the effective date of Public
7    Act 92-14), or (B) becomes a member of the State Employees'
8    Retirement System pursuant to Section 14-108.2c of this
9    Code. ;
10        (3) Any regional superintendent of schools, assistant
11    regional superintendent of schools, State Superintendent
12    of Education; any person employed by the State Board of
13    Education as an executive; any executive of the boards
14    engaged in the service of public common school education in
15    school districts covered under this system of which the
16    State Superintendent of Education is an ex-officio member.
17    ;
18        (4) Any employee of a school board association
19    operating in compliance with Article 23 of the School Code
20    who is certificated under the law governing the
21    certification of teachers and first qualifies as a teacher
22    under any paragraph of Section 16-106 before the effective
23    date of this amendatory Act of the 97th General Assembly. ;
24        (5) Any person employed by the retirement system who:
25            (i) was an employee of and a participant in the
26        system on August 17, 2001 (the effective date of Public

 

 

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1        Act 92-416), or
2            (ii) becomes an employee of the system on or after
3        August 17, 2001. ;
4        (6) Any educational, administrative, professional or
5    other staff employed by and under the supervision and
6    control of a regional superintendent of schools, provided
7    such employment position requires the person to be
8    certificated under the law governing the certification of
9    teachers and is in an educational program serving 2 or more
10    districts in accordance with a joint agreement authorized
11    by the School Code or by federal legislation. ;
12        (7) Any educational, administrative, professional or
13    other staff employed in an educational program serving 2 or
14    more school districts in accordance with a joint agreement
15    authorized by the School Code or by federal legislation and
16    in a position requiring certification under the laws
17    governing the certification of teachers. ;
18        (8) Any officer or employee of a statewide teacher
19    organization or officer of a national teacher organization
20    who is certified under the law governing certification of
21    teachers, provided: (i) the individual had previously
22    established creditable service under this Article; , (ii)
23    the individual files with the system an irrevocable
24    election to become a member; , and (iii) the individual
25    does not receive credit for such service under any other
26    Article of this Code; and (iv) the individual first

 

 

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1    qualifies as a teacher under any paragraph of Section
2    16-106 before the effective date of this amendatory Act of
3    the 97th General Assembly. ;
4        (9) Any educational, administrative, professional, or
5    other staff employed in a charter school operating in
6    compliance with the Charter Schools Law who is certificated
7    under the law governing the certification of teachers.
8        (10) Any person employed, on February 27, 2007 (the
9    effective date of Public Act 94-1111) this amendatory Act
10    of the 94th General Assembly, by the Macon-Piatt Regional
11    Office of Education in a birth-through-age-three pilot
12    program receiving funds under Section 2-389 of the School
13    Code who is required by the Macon-Piatt Regional Office of
14    Education to hold a teaching certificate, provided that the
15    Macon-Piatt Regional Office of Education makes an
16    election, within 6 months after February 27, 2007 (the
17    effective date of Public Act 94-1111) this amendatory Act
18    of the 94th General Assembly, to have the person
19    participate in the system. Any service established prior to
20    February 27, 2007 (the effective date of Public Act
21    94-1111) this amendatory Act of the 94th General Assembly
22    for service as an employee of the Macon-Piatt Regional
23    Office of Education in a birth-through-age-three pilot
24    program receiving funds under Section 2-389 of the School
25    Code shall be considered service as a teacher if employee
26    and employer contributions have been received by the system

 

 

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1    and the system has not refunded those contributions.
2    An annuitant receiving a retirement annuity under this
3Article or under Article 17 of this Code who is employed by a
4board of education or other employer as permitted under Section
516-118 or 16-150.1 is not a "teacher" for purposes of this
6Article. A person who has received a single-sum retirement
7benefit under Section 16-136.4 of this Article is not a
8"teacher" for purposes of this Article.
9    A person who is a teacher as described in item (8) of this
10Section may establish service credit for similar employment
11prior to becoming certified as a teacher if he or she (i) is
12certified as a teacher on or before February 27, 2007 (the
13effective date of Public Act 94-1111) this amendatory Act of
14the 94th General Assembly, (ii) applies in writing to the
15system within 6 months after February 27, 2007 (the effective
16date of Public Act 94-1111) this amendatory Act of the 94th
17General Assembly, and (iii) pays to the system contributions
18equal to the normal costs calculated from the date of first
19full-time employment as described in item (8) to the date of
20payment, compounded annually at the rate of 8.5% per year for
21periods before February 27, 2007 (the effective date of Public
22Act 94-1111) this amendatory Act of the 94th General Assembly
23and for subsequent periods at a rate equal to the System's
24actuarially assumed rate of return on investments. However,
25credit shall not be granted under this paragraph for any such
26prior employment for which the applicant received credit under

 

 

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1any other provision of this Code.
2(Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)