Illinois General Assembly - Full Text of SB3597
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Full Text of SB3597  97th General Assembly




SB3597 EnrolledLRB097 18622 EFG 63856 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 changing
5Section 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 pension
9from the Fund is re-employed as a teacher by an Employer, the
10pension shall be cancelled on the date the re-employment
11begins, or on the first day of a payroll period for which
12service credit was validated, whichever is earlier.
13    (b) If any person receiving a service retirement pension
14from the Fund is re-employed as a teacher on a permanent or
15annual basis by an Employer, the pension shall be cancelled on
16the date the re-employment begins, or on the first day of a
17payroll period for which service credit was validated,
18whichever is earlier. However, subject to the limitations and
19requirements of subsection (c-5), the pension shall not be
20cancelled in the case of a service retirement pensioner who is
21re-employed on a temporary and non-annual basis or on an hourly
23    (c) If the date of re-employment on a permanent or annual



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1basis occurs within 5 school months after the date of previous
2retirement, exclusive of any vacation period, the member shall
3be deemed to have been out of service only temporarily and not
4permanently retired. Such person shall be entitled to pension
5payments for the time he could have been employed as a teacher
6and received salary, but shall not be entitled to pension for
7or during the summer vacation prior to his return to service.
8    When the member again retires on pension, the time of
9service and the money contributed by him during re-employment
10shall be added to the time and money previously credited. Such
11person must acquire 3 consecutive years of additional
12contributing service before he may retire again on a pension at
13a rate and under conditions other than those in force or
14attained at the time of his previous retirement.
15    (c-5) The service retirement pension shall not be cancelled
16in the case of a service retirement pensioner who is
17re-employed as a teacher on a temporary and non-annual basis or
18on an hourly basis, so long as the person (1) does not work as a
19teacher for compensation on more than 100 days in a school year
20and (2) does not accept gross compensation for the
21re-employment in a school year in excess of (i) $30,000 or (ii)
22in the case of a person who retires with at least 5 years of
23service as a principal, an amount that is equal to the daily
24rate normally paid to retired principals multiplied by 100.
25These limitations apply only to school years that begin on or
26after the effective date of this amendatory Act of the 97th



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1General Assembly. Such re-employment does not require
2contributions, result in service credit, or constitute active
3membership in the Fund.
4    To be eligible for such re-employment without cancellation
5of pension, the pensioner must notify the Fund and the Board of
6Education of his or her intention to accept re-employment under
7this subsection (c-5) before beginning that re-employment (or
8if the re-employment began before the effective date of this
9amendatory Act, then within 30 days after that effective date).
10    The Board of Education must certify to the Fund the
11temporary and non-annual or hourly status and the compensation
12of each pensioner re-employed under this subsection at least
13quarterly, and when the pensioner is approaching the earnings
14limitation under this subsection.
15    If the pensioner works more than 100 days or accepts excess
16gross compensation for such re-employment in any school year
17that begins on or after the effective date of this amendatory
18Act of the 97th General Assembly, the service retirement
19pension shall thereupon be cancelled.
20    The Board of the Fund shall adopt rules for the
21implementation and administration of this subsection.
22    (d) Notwithstanding Sections 1-103.1 and 17-157, the
23changes to this Section made by Public Act 90-32 apply without
24regard to whether termination of service occurred before the
25effective date of that Act and apply retroactively to August
2623, 1989.



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1    Notwithstanding Sections 1-103.1 and 17-157, the changes
2to this Section and Section 17-106 made by Public Act 92-599
3this amendatory Act of the 92nd General Assembly apply without
4regard to whether termination of service occurred before the
5effective date of that this amendatory Act.
6    Notwithstanding Sections 1-103.1 and 17-157, the changes
7to this Section made by this amendatory Act of the 97th General
8Assembly apply without regard to whether termination of service
9occurred before the effective date of this amendatory Act.
10(Source: P.A. 92-416, eff. 8-17-01; 92-599, eff. 6-28-02.)
11    Section 90. The State Mandates Act is amended by adding
12Section 8.36 as follows:
13    (30 ILCS 805/8.36 new)
14    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
15of this Act, no reimbursement by the State is required for the
16implementation of any mandate created by this amendatory Act of
17the 97th General Assembly.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.