Illinois General Assembly - Full Text of SB1285
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Full Text of SB1285  103rd General Assembly

SB1285 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1285

 

Introduced 2/3/2023, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-118  from Ch. 108 1/2, par. 16-118

    Amends the Downstate Teacher Article of the Illinois Pension Code. In provisions that limit the number of days and hours an annuitant may accept employment for without impairing retirement status, provides that the limitation does not apply to an annuitant who returns to teaching as a substitute teacher in a school district that has been granted a waiver by the System. Provides that a school district may apply for a waiver by providing to the System sufficient evidence that there is a substitute teacher shortage in the school district and an estimate of the number of paid hours in the school year that the annuitant will work. Effective immediately.


LRB103 25133 RPS 51470 b

 

 

A BILL FOR

 

SB1285LRB103 25133 RPS 51470 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 16-118 as follows:
 
6    (40 ILCS 5/16-118)  (from Ch. 108 1/2, par. 16-118)
7    Sec. 16-118. Retirement. "Retirement": Entry upon a
8retirement annuity or receipt of a single-sum retirement
9benefit granted under this Article after termination of active
10service as a teacher.
11    (a) An annuitant receiving a retirement annuity other than
12a disability retirement annuity may accept employment as a
13teacher from a school board or other employer specified in
14Section 16-106 without impairing retirement status, if that
15employment:
16        (1) is not within the school year during which service
17    was terminated; and
18        (2) does not exceed the following:
19            (i) before July 1, 2001, 100 paid days or 500 paid
20        hours in any school year;
21            (ii) during the period beginning July 1, 2001
22        through June 30, 2011, 120 paid days or 600 paid hours
23        in each school year;

 

 

SB1285- 2 -LRB103 25133 RPS 51470 b

1            (iii) during the period beginning July 1, 2011
2        through June 30, 2018, 100 paid days or 500 paid hours
3        in each school year;
4            (iv) beginning July 1, 2018 through June 30, 2023,
5        120 paid days or 600 paid hours in each school year,
6        but not more than 100 paid days in the same classroom;
7            (v) during the period between July 1, 2021 and
8        June 30, 2022, an additional 20 paid days or 100 paid
9        hours shall be added to item (iv) of this paragraph (2)
10        to assist with addressing the substitute teacher
11        shortage that has been exacerbated by the ongoing
12        global pandemic; and
13            (vi) beginning July 1, 2023, 100 paid days or 500
14        paid hours in each school year.
15    Where such permitted employment is partly on a daily and
16partly on an hourly basis, a day shall be considered as 5
17hours.
18    (b) Subsection (a) does not apply to an annuitant who
19returns to teaching under the program established in Section
2016-150.1, for the duration of his or her participation in that
21program.
22    (c) Subsection (a) does not apply to an annuitant who
23returns to teaching as a substitute teacher in a school
24district that has been granted a waiver from the requirements
25of subsection (a) by the System. A school district may apply
26for a waiver under this subsection by providing to the System:

 

 

SB1285- 3 -LRB103 25133 RPS 51470 b

1(i) sufficient evidence that there is a substitute teacher
2shortage in the school district; and (ii) an estimate of the
3number of paid hours in the school year that the annuitant will
4work.
5(Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21;
6102-709, eff. 4-22-22.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.