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1 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
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2 | | Sec. 17-149. Cancellation of pensions.
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3 | | (a) If any person receiving a disability retirement
pension |
4 | | from the Fund is re-employed as a teacher by an Employer, the |
5 | | pension
shall be cancelled on the date the re-employment |
6 | | begins, or on the first day of
a payroll period for which |
7 | | service credit was validated, whichever is earlier.
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8 | | (b) If any person receiving a service retirement pension |
9 | | from the Fund
is re-employed as a teacher on a permanent or |
10 | | annual basis by an Employer,
the pension shall be cancelled on |
11 | | the date the re-employment begins, or on
the first day of a |
12 | | payroll period for which service credit was validated,
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13 | | whichever is earlier. However, subject to the limitations and |
14 | | requirements of subsection (c-5), the pension shall not be |
15 | | cancelled
in the case of a service retirement pensioner who is
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16 | | re-employed on a temporary and non-annual basis or on an hourly |
17 | | basis.
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18 | | (c) If the date of re-employment on a permanent or annual |
19 | | basis
occurs within 5 school months after the date of previous |
20 | | retirement, exclusive
of any vacation period, the member shall |
21 | | be deemed to have been out of service
only temporarily and not |
22 | | permanently retired. Such person shall be entitled
to pension |
23 | | payments for the time he could have been employed as a teacher |
24 | | and
received salary, but shall not be entitled to pension for |
25 | | or during the summer
vacation prior to his return to service.
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26 | | When the member again retires on pension, the time of |
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1 | | service and the
money contributed by him during re-employment |
2 | | shall be added to the time
and money previously credited. Such |
3 | | person must acquire 3 consecutive years
of additional |
4 | | contributing service before he may retire again on a pension
at |
5 | | a rate and under conditions other than those in force or |
6 | | attained at the
time of his previous retirement.
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7 | | (c-5) The service retirement pension shall not be cancelled
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8 | | in the case of a service retirement pensioner who is
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9 | | re-employed as a teacher on a temporary and non-annual basis or |
10 | | on an hourly basis, so long as the person (1) does not work as a |
11 | | teacher for compensation on more than 100 days in a school year |
12 | | or and (2) does not accept gross compensation for the |
13 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
14 | | in the case of a person who retires with at least 5 years of |
15 | | service as a principal, an amount that is equal to the daily |
16 | | rate normally paid to retired principals multiplied by 100. |
17 | | These limitations apply only to school years that begin on or |
18 | | after the effective date of this amendatory Act of the 97th |
19 | | General Assembly. Such re-employment does not require |
20 | | contributions, result in service credit, or constitute active |
21 | | membership in the Fund. |
22 | | To be eligible for such re-employment without cancellation |
23 | | of pension, the pensioner must notify the Fund and the Board of |
24 | | Education of his or her intention to accept re-employment under |
25 | | this subsection (c-5) before beginning that re-employment (or |
26 | | if the re-employment began before the effective date of this |
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1 | | amendatory Act, then within 30 days after that effective date). |
2 | | An Employer The Board of Education must certify to the Fund |
3 | | the temporary and non-annual or hourly status and the |
4 | | compensation of each pensioner re-employed under this |
5 | | subsection at least quarterly, and when the pensioner is |
6 | | approaching the earnings limitation under this subsection. |
7 | | If the pensioner works more than 100 days or accepts excess |
8 | | gross compensation for such re-employment in any school year |
9 | | that begins on or after the effective date of this amendatory |
10 | | Act of the 97th General Assembly, the service retirement |
11 | | pension shall thereupon be cancelled. |
12 | | The Board of the Fund shall adopt rules for the |
13 | | implementation and administration of this subsection. |
14 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the |
15 | | changes to this
Section made by Public Act 90-32
apply without |
16 | | regard to whether termination of service occurred before the
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17 | | effective date of that Act and apply
retroactively to August |
18 | | 23, 1989.
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19 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
20 | | to this Section
and Section 17-106 made by Public Act 92-599
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21 | | apply without regard to whether termination of service occurred |
22 | | before the
effective date of that Act.
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23 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
24 | | to this Section
made by this amendatory Act of the 97th General |
25 | | Assembly
apply without regard to whether termination of service |
26 | | occurred before the
effective date of this amendatory Act. |
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1 | | (Source: P.A. 97-912, eff. 8-8-12.)
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2 | | Section 90. The State Mandates Act is amended by adding |
3 | | Section 8.39 as follows: |
4 | | (30 ILCS 805/8.39 new) |
5 | | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 |
6 | | of this Act, no reimbursement by the State is required for the |
7 | | implementation of any mandate created by this amendatory Act of |
8 | | the 99th General Assembly.
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9 | | Section 99. Effective date. This Act takes effect upon |
10 | | becoming law.".
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