Illinois General Assembly - Full Text of HB0376
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Full Text of HB0376  93rd General Assembly

HB0376 93rd General Assembly


093_HB0376

 
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 1        AN ACT in relation to 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 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
 9    service  as  a  teacher  from the date membership begins, for
10    which satisfactory evidence is supplied and all contributions
11    have been paid.
12        (b)  The following periods of service shall earn optional
13    credit and each member shall  receive  credit  for  all  such
14    service  for  which satisfactory evidence is supplied and all
15    contributions 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
23        of the United States, or under the auspices of any agency
24        or department of any other State, and service during  any
25        period  of  professional  speech  correction  or  special
26        education  experience  for  a  public  agency within this
27        State  or  any  other  State,  territory,  dependency  or
28        possession of the United States,  and  service  prior  to
29        February  1, 1951 as a recreation worker for the Illinois
30        Department of Public Safety, for a period  not  exceeding
31        the  lesser of 3/5 2/5 of the total creditable service of
 
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 1        the member or 15 10 years.  The maximum service of 15  10
 2        years  which  is  allowable under this paragraph shall be
 3        reduced by the service credit which is validated by other
 4        retirement systems under paragraph (i) of Section  15-113
 5        and  paragraph 1 of Section 17-133.  Credit granted under
 6        this paragraph may not be  used  in  determination  of  a
 7        retirement  annuity  or  disability  benefits  unless the
 8        member has at least 5 years of creditable service  earned
 9        subsequent  to  this  employment  with one or more of the
10        following systems: Teachers'  Retirement  System  of  the
11        State  of Illinois, State Universities Retirement System,
12        and the Public School Teachers'  Pension  and  Retirement
13        Fund  of  Chicago.   Whenever such service credit exceeds
14        the maximum allowed for all purposes of this Article, the
15        first  service  rendered  in  point  of  time  shall   be
16        considered.   The changes to this subdivision (b)(2) made
17        by Public Act 86-272 shall apply not only to persons  who
18        on  or  after its effective date (August 23, 1989) are in
19        service as a  teacher  under  the  System,  but  also  to
20        persons  whose  status as such a teacher terminated prior
21        to such effective date, whether or not such person is  an
22        annuitant on that date.
23             (3)  Any   periods  immediately  following  teaching
24        service, under this  System  or  under  Article  17,  (or
25        immediately  following  service prior to February 1, 1951
26        as a recreation worker for  the  Illinois  Department  of
27        Public  Safety) spent in active service with the military
28        forces of the United States; periods spent in educational
29        programs that prepare for return to teaching sponsored by
30        the federal government  following  such  active  military
31        service;  if a teacher returns to teaching service within
32        one calendar year after discharge or after the completion
33        of  the  educational  program,  a  further  period,   not
34        exceeding  one  calendar  year,  between  time  spent  in
 
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 1        military  service or in such educational programs and the
 2        return to employment as a teacher under this System;  and
 3        a  period of up to 2 years of active military service not
 4        immediately following employment as a teacher.
 5             The changes  to  this  Section  and  Section  16-128
 6        relating  to  military  service made by P.A. 87-794 shall
 7        apply not only to persons who on or after  its  effective
 8        date  are  in  service as a teacher under the System, but
 9        also to persons whose  status  as  a  teacher  terminated
10        prior  to  that  date,  whether  or  not the person is an
11        annuitant on that date.  In the case of an annuitant  who
12        applies  for  credit  allowable  under this Section for a
13        period of  military  service  that  did  not  immediately
14        follow   employment,   and  who  has  made  the  required
15        contributions for  such  credit,  the  annuity  shall  be
16        recalculated  to  include  the additional service credit,
17        with the increase taking effect on the  date  the  System
18        received  written  notification of the annuitant's intent
19        to purchase the credit, if payment of  all  the  required
20        contributions  is  made within 60 days of such notice, or
21        else on the first annuity payment date following the date
22        of payment of the required contributions.  In calculating
23        the automatic annual increase for  an  annuity  that  has
24        been  recalculated  under    this  Section,  the increase
25        attributable to the additional  service  allowable  under
26        P.A.  87-794  shall  be  included  in  the calculation of
27        automatic annual increases accruing after  the  effective
28        date of the recalculation.
29             Credit  for  military service shall be determined as
30        follows: if entry  occurs  during  the  months  of  July,
31        August,  or September and the member was a teacher at the
32        end of the  immediately  preceding  school  term,  credit
33        shall  be  granted from July 1 of the year in which he or
34        she entered service; if entry occurs  during  the  school
 
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 1        term  and  the  teacher  was  in  teaching service at the
 2        beginning of the school term,  credit  shall  be  granted
 3        from July 1 of such year. In all other cases where credit
 4        for  military service is allowed, credit shall be granted
 5        from the date of entry into the service.
 6             The total  period  of  military  service  for  which
 7        credit is granted shall not exceed 5 years for any member
 8        unless  the  service:   (A)  is  validated before July 1,
 9        1964, and (B)  does  not  extend  beyond  July  1,  1963.
10        Credit  for  military service shall be granted under this
11        Section only if not more than 5  years  of  the  military
12        service for which credit is granted under this Section is
13        used  by  the member to qualify for a military retirement
14        allotment from any branch of  the  armed  forces  of  the
15        United  States.  The  changes  to this subdivision (b)(3)
16        made by Public Act 86-272 shall apply not only to persons
17        who on or after its effective date (August 23, 1989)  are
18        in  service  as  a  teacher under the System, but also to
19        persons whose status as such a teacher  terminated  prior
20        to  such effective date, whether or not such person is an
21        annuitant on that date.
22             (4)  Any periods served as a member of  the  General
23        Assembly.
24             (5)(i)  Any  periods for which a teacher, as defined
25        in  Section  16-106,  is  granted  a  leave  of  absence,
26        provided he or she returns to teaching service creditable
27        under this System or the  State  Universities  Retirement
28        System  following  the leave; (ii) periods during which a
29        teacher is involuntarily laid off from teaching, provided
30        he or she returns  to  teaching  following  the  lay-off;
31        (iii)  periods  prior  to  July  1,  1983  during which a
32        teacher  ceased  covered  employment  due  to  pregnancy,
33        provided that the teacher returned  to  teaching  service
34        creditable  under  this  System or the State Universities
 
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 1        Retirement System following  the  pregnancy  and  submits
 2        evidence  satisfactory  to the Board documenting that the
 3        employment ceased due  to  pregnancy;  and  (iv)  periods
 4        prior  to  July  1,  1983  during  which a teacher ceased
 5        covered employment for the purpose of adopting an  infant
 6        under 3 years of age or caring for a newly adopted infant
 7        under  3 years of age, provided that the teacher returned
 8        to teaching service creditable under this System  or  the
 9        State   Universities   Retirement  System  following  the
10        adoption and submits evidence satisfactory to  the  Board
11        documenting that the employment ceased for the purpose of
12        adopting  an  infant under 3 years of age or caring for a
13        newly adopted infant under  3  years  of  age.   However,
14        total  credit  under  this paragraph (5) may not exceed 3
15        years.
16             Any qualified member  or  annuitant  may  apply  for
17        credit  under  item  (iii)  or (iv) of this paragraph (5)
18        without regard to whether service was  terminated  before
19        the  effective  date  of this amendatory Act of 1997.  In
20        the case of an annuitant  who  establishes  credit  under
21        item  (iii) or (iv), the annuity shall be recalculated to
22        include the additional service credit.  The  increase  in
23        annuity shall take effect on the date the System receives
24        written   notification   of  the  annuitant's  intent  to
25        purchase  the  credit,  if  the  required   evidence   is
26        submitted  and  the  required contribution paid within 60
27        days of that notification, otherwise on the first annuity
28        payment  date  following  the  System's  receipt  of  the
29        required evidence and contribution.  The increase  in  an
30        annuity   recalculated  under  this  provision  shall  be
31        included in the calculation of automatic annual increases
32        in the annuity accruing after the effective date  of  the
33        recalculation.
34             Optional   credit   may   be  purchased  under  this
 
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 1        subsection (b)(5) for periods during which a teacher  has
 2        been granted a leave of absence pursuant to Section 24-13
 3        of  the  School Code.  A teacher whose service under this
 4        Article terminated prior to the effective  date  of  P.A.
 5        86-1488  shall  be  eligible  to  purchase  such optional
 6        credit.  If a teacher who purchases this optional  credit
 7        is  already  receiving  a  retirement  annuity under this
 8        Article, the annuity shall  be  recalculated  as  if  the
 9        annuitant  had applied for the leave of absence credit at
10        the time  of  retirement.   The  difference  between  the
11        entitled annuity and the actual annuity shall be credited
12        to the purchase of the optional credit.  The remainder of
13        the purchase cost of the optional credit shall be paid on
14        or before April 1, 1992.
15             The  change  in  this  paragraph  made by Public Act
16        86-273 shall be applicable to teachers who  retire  after
17        June  1,  1989, as well as to teachers who are in service
18        on that date.
19             (6)  Any   days   of   unused   and    uncompensated
20        accumulated  sick leave earned by a teacher.  The service
21        credit granted under this paragraph shall be the ratio of
22        the number of unused and uncompensated  accumulated  sick
23        leave  days  to 170 days, subject to a maximum of 2 years
24        of service credit.  Prior  to  the  member's  retirement,
25        each  former  employer  shall  certify  to the System the
26        number of unused and uncompensated accumulated sick leave
27        days credited to the member at the time of termination of
28        service. The period of unused sick  leave  shall  not  be
29        considered   in   determining   the   effective  date  of
30        retirement.   A  member   is   not   required   to   make
31        contributions  in  order  to  obtain  service  credit for
32        unused sick leave.
33             Credit for  sick  leave  shall,  at  retirement,  be
34        granted  by  the  System  for  any  retiring  regional or
 
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 1        assistant regional superintendent of schools at the  rate
 2        of  6  days  per  year  of  creditable service or portion
 3        thereof established while serving as such  superintendent
 4        or assistant superintendent.
 5             (7)  Periods  prior to February 1, 1987 served as an
 6        employee of the Illinois Mathematics and Science  Academy
 7        for  which  credit  has not been terminated under Section
 8        15-113.9 of this Code.
 9             (8)  Service  as  a  substitute  teacher  for   work
10        performed prior to July 1, 1990.
11             (9)  Service   as   a  part-time  teacher  for  work
12        performed prior to July 1, 1990.
13             (10)  Up to 2  years  of  employment  with  Southern
14        Illinois  University  - Carbondale from September 1, 1959
15        to August 31, 1961, or with  Governors  State  University
16        from  September 1, 1972 to August 31, 1974, for which the
17        teacher has no  credit  under  Article  15.   To  receive
18        credit  under  this  item  (10),  a teacher must apply in
19        writing to the Board and pay the  required  contributions
20        before  May 1, 1993 and have at least 12 years of service
21        credit under this Article.
22        (b-1)  A member may establish optional credit for up to 2
23    years of service as a teacher or administrator employed by  a
24    private  school  recognized  by  the  Illinois State Board of
25    Education, provided that the teacher (i) was certified  under
26    the  law  governing the certification of teachers at the time
27    the service was rendered, (ii) applies in writing on or after
28    June 1, 2002 and on or before June 1,  2005,  (iii)  supplies
29    satisfactory  evidence  of  the employment, (iv) completes at
30    least 10 years  of  contributing  service  as  a  teacher  as
31    defined  in  Section  16-106,  and  (v) pays the contribution
32    required in subsection (d-5) of Section 16-128.   The  member
33    may  apply  for  credit  under  this  subsection  and pay the
34    required contribution  before  completing  the  10  years  of
 
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 1    contributing service required under item (iv), but the credit
 2    may  not  be  used  until  the item (iv) contributing service
 3    requirement has been met.
 4        (c)  The service credits specified in this Section  shall
 5    be granted only if: (1) such service credits are not used for
 6    credit  in  any other statutory tax-supported public employee
 7    retirement system other  than  the  federal  Social  Security
 8    program;  and (2) the member makes the required contributions
 9    as specified  in  Section  16-128.   Except  as  provided  in
10    subsection (b-1) of this Section, the service credit shall be
11    effective  as  of  the  date  the  required contributions are
12    completed.
13        Any service credits  granted  under  this  Section  shall
14    terminate upon cessation of membership for any cause.
15        Credit may not be granted under this Section covering any
16    period  for  which an age retirement or disability retirement
17    allowance has been paid.
18    (Source: P.A. 92-867, eff. 1-3-03.)

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