Full Text of HB0167 94th General Assembly
HB0167 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0167
Introduced 1/11/2005, by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/17-131 |
from Ch. 108 1/2, par. 17-131 |
30 ILCS 805/8.29 new |
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Amends the Chicago Teacher Article of the Pension Code. Provides that salary
received on or after July 1, 1999 for overtime, summer school, and other
optional service shall be
included in the calculation of salary for pension purposes. Amends the State
Mandates Act to require implementation without reimbursement. Effective
immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB0167 |
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LRB094 03515 LRD 33518 b |
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| AN ACT in relation to public employee benefits.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 17-131
as follows:
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| (40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)
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| Sec. 17-131. Administration of payroll deductions. During | 8 |
| any period on
or after July 1, 1999 in
which salaries are paid, | 9 |
| payroll
such deductions by an Employer or the
Board shall be | 10 |
| made for all salary paid
on the basis of the full salary
rates, | 11 |
| exclusive of salaries for overtime, special services or any | 12 |
| employment
on an optional basis, such as in summer school . If | 13 |
| salaries represent
adjustments on account of error, deductions | 14 |
| by the Employer or the Board shall
be at the rates in force | 15 |
| during the applicable payroll period. If teachers
receive | 16 |
| salaries for the school year, as established by an Employer, or | 17 |
| if they
receive salaries for more than 10 calendar months, the | 18 |
| amount required for each
year of service shall be deducted by | 19 |
| such Employer in installments. On or
after July 1, 1999, the | 20 |
| total
amounts for each semimonthly payroll period , or bi-weekly | 21 |
| payroll period,
as the case may be, shall be deducted for all | 22 |
| salary paid
only when
salary payments represent 5 days' pay or | 23 |
| more . If , on or after July 1,
1999, an Employer or the Board
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| pays salaries to members of the teaching force for vacation | 25 |
| periods, the
salary shall be considered part of the teacher's | 26 |
| annual salary, shall be
subject to the standard deductions for | 27 |
| pension contributions, and shall be
considered to represent | 28 |
| additional service credit for each day paid
pay for 5 or more | 29 |
| days' employment in a bi-weekly or semi-monthly payroll
period | 30 |
| for purposes set forth in this Section . If deductions from | 31 |
| salaries
result in amounts of less than one cent, the | 32 |
| fractional sums shall be increased
to the next higher cent. Any |
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HB0167 |
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LRB094 03515 LRD 33518 b |
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| excess of these fractional increases over the
prescribed annual | 2 |
| contributions shall be credited to the teachers' accounts.
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| Any person who retires on or after July 1, 1999 and before | 4 |
| the effective
date of
this amendatory Act of the 94th General | 5 |
| Assembly shall be paid a lump sum equal to the amount of | 6 |
| pension that he or she
would
have received for that period if | 7 |
| salary received for overtime, summer school,
and other
optional | 8 |
| service had been included in the calculation of salary for | 9 |
| pension
purposes
minus the amount of pension he or she actually | 10 |
| received for that period.
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| In the event that, pursuant to Section 17-130.1, employee | 12 |
| contributions
are picked up or made by the Board of Education | 13 |
| on behalf of its employees
from the proceeds of the tax levied | 14 |
| under Section 34-60 of the School Code,
then the amount of the | 15 |
| employee contributions which are picked up or made in
that | 16 |
| manner shall not be deducted from the salaries of such | 17 |
| employees.
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| (Source: P.A. 90-566, eff. 1-2-98.)
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| Section 90. The State Mandates Act is amended by adding | 20 |
| Section 8.29 as
follows:
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| (30 ILCS 805/8.29 new)
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| Sec. 8.29. Exempt mandate. Notwithstanding Sections 6 and 8 | 23 |
| of this
Act, no reimbursement by the State is required for the | 24 |
| implementation of
any mandate created by this amendatory Act of | 25 |
| the 94th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law. |
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