Illinois General Assembly - Full Text of HB1966
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Full Text of HB1966  102nd General Assembly

HB1966enr 102ND GENERAL ASSEMBLY



 


 
HB1966 EnrolledLRB102 12136 RPS 17473 b

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
5changing Section 16-127 as follows:
 
6    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
7    Sec. 16-127. Computation of creditable service.
8    (a) Each member shall receive regular credit for all
9service as a teacher from the date membership begins, for
10which satisfactory evidence is supplied and all contributions
11have been paid.
12    (b) The following periods of service shall earn optional
13credit and each member shall receive credit for all such
14service for which satisfactory evidence is supplied and all
15contributions have been paid as of the date specified:
16        (1) Prior service as a teacher.
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

 

 

HB1966 Enrolled- 2 -LRB102 12136 RPS 17473 b

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
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
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

 

 

HB1966 Enrolled- 3 -LRB102 12136 RPS 17473 b

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.
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
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.
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

 

 

HB1966 Enrolled- 4 -LRB102 12136 RPS 17473 b

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
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.
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
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
25    such year. In all other cases where credit for military
26    service is allowed, credit shall be granted from the date

 

 

HB1966 Enrolled- 5 -LRB102 12136 RPS 17473 b

1    of entry into the service.
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
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.
17        (4) Any periods served as a member of the General
18    Assembly.
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

 

 

HB1966 Enrolled- 6 -LRB102 12136 RPS 17473 b

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
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
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
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.
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

 

 

HB1966 Enrolled- 7 -LRB102 12136 RPS 17473 b

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.
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.
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

 

 

HB1966 Enrolled- 8 -LRB102 12136 RPS 17473 b

1    date.
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
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.
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
19    established while serving as such superintendent or
20    assistant superintendent.
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.
25        (8) Service as a substitute teacher for work performed
26    prior to July 1, 1990.

 

 

HB1966 Enrolled- 9 -LRB102 12136 RPS 17473 b

1        (9) Service as a part-time teacher for work performed
2    prior to July 1, 1990.
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
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.
12    (b-1) A member may establish optional credit for up to 2
13years of service as a teacher or administrator employed by a
14private school recognized by the Illinois State Board of
15Education, provided that the teacher (i) was certified under
16the law governing the certification of teachers at the time
17the service was rendered, (ii) applies in writing on or before
18June 30, 2022 on or after August 1, 2009 and on or before
19August 1, 2012, (iii) supplies satisfactory evidence of the
20employment, (iv) completes at least 10 years of contributing
21service as a teacher as defined in Section 16-106, and (v) pays
22the contribution required in subsection (d-5) of Section
2316-128. The member may apply for credit under this subsection
24and pay the required contribution before completing the 10
25years of contributing service required under item (iv), but
26the credit may not be used until the item (iv) contributing

 

 

HB1966 Enrolled- 10 -LRB102 12136 RPS 17473 b

1service requirement has been met.
2    (c) The service credits specified in this Section shall be
3granted only if: (1) such service credits are not used for
4credit in any other statutory tax-supported public employee
5retirement system other than the federal Social Security
6program; and (2) the member makes the required contributions
7as specified in Section 16-128. Except as provided in
8subsection (b-1) of this Section, the service credit shall be
9effective as of the date the required contributions are
10completed.
11    Any service credits granted under this Section shall
12terminate upon cessation of membership for any cause.
13    Credit may not be granted under this Section covering any
14period for which an age retirement or disability retirement
15allowance has been paid.
16    Credit may not be granted under this Section for service
17as an employee of an entity that provides substitute teaching
18services under Section 2-3.173 of the School Code and is not a
19school district.
20(Source: P.A. 100-813, eff. 8-13-18.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.