Full Text of HB0741 94th General Assembly
HB0741eng 94TH GENERAL ASSEMBLY
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HB0741 Engrossed |
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LRB094 07156 AMC 37310 b |
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section 16-150.1 as follows:
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| (40 ILCS 5/16-150.1)
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| Sec. 16-150.1. Return to teaching in subject shortage area.
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| (a) As used in this Section, "eligible employment" means | 9 |
| employment
beginning on or after July 1, 2003 and ending no | 10 |
| later than June 30, 2008,
in a subject shortage area at a | 11 |
| qualified school, in a position requiring
certification under | 12 |
| the law governing the certification of teachers.
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| As used in this Section, "qualified school" means a public | 14 |
| elementary or
secondary school that meets all of the following | 15 |
| requirements:
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| (1) At the time of hiring a retired teacher under this | 17 |
| Section, the
school is experiencing a shortage of teachers | 18 |
| in the subject shortage area
for which the teacher is | 19 |
| hired.
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| (2) The school district to which the school belongs has | 21 |
| complied with
the requirements of subsection (e), and the | 22 |
| regional superintendent has
certified that compliance to | 23 |
| the System.
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| (3) If the school district to which the school belongs | 25 |
| provides group
health benefits for its teachers generally, | 26 |
| substantially similar health
benefits are made available | 27 |
| for teachers participating in the program under
this | 28 |
| Section, without any limitations based on pre-existing | 29 |
| conditions.
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| (b) An annuitant receiving a retirement annuity under this | 31 |
| Article
(other than a disability retirement annuity) may engage | 32 |
| in eligible
employment at a qualified school without impairing |
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LRB094 07156 AMC 37310 b |
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| his or her retirement
status or retirement annuity, subject to | 2 |
| the following conditions:
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| (1) the eligible employment does not begin within the | 4 |
| school year
during which service was terminated;
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| (2) the annuitant has not received any early retirement | 6 |
| incentive under
Section 16-133.3, 16-133.4, or 16-133.5;
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| (3) if the annuitant retired before age 60 and with | 8 |
| less than 34 years
of service, the eligible employment does | 9 |
| not begin within the year following
the effective date of | 10 |
| the retirement annuity;
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| (4) if the annuitant retired at age 60 or above or with | 12 |
| 34 or more
years of service, the eligible employment does | 13 |
| not begin within the 90 days
following the effective date | 14 |
| of the retirement annuity; and
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| (5) before the eligible employment begins, the | 16 |
| employer notifies the
System in writing of the annuitant's | 17 |
| desire to participate in the program
established under this | 18 |
| Section.
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| (c) An annuitant engaged in eligible employment in | 20 |
| accordance with
subsection (b) shall be deemed a participant in | 21 |
| the program established
under this Section for so long as he or | 22 |
| she remains employed in eligible
employment.
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| (d) A participant in the program established under this | 24 |
| Section continues
to be a retirement annuitant, rather than an | 25 |
| active teacher, for all of the
purposes of this Code, but shall | 26 |
| be deemed an active teacher for other
purposes, such as | 27 |
| inclusion in a collective bargaining unit, eligibility for
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| group health benefits, and compliance with the laws governing | 29 |
| the employment,
regulation, certification, treatment, and | 30 |
| conduct of teachers.
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| With respect to an annuitant's eligible employment under | 32 |
| this Section,
neither employee nor employer contributions | 33 |
| shall be made to the System and
no additional service credit | 34 |
| shall be earned. Eligible employment does not
affect the | 35 |
| annuitant's final average salary or the amount of the | 36 |
| retirement
annuity.
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| (e) Before hiring a teacher under this Section, the school | 2 |
| district
to which the school belongs must do the following:
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| (1) If the school district to which the school belongs | 4 |
| has honorably
dismissed, within the calendar year | 5 |
| preceding the beginning of the school term
for which it | 6 |
| seeks to employ a retired teacher under the program | 7 |
| established in
this Section, any teachers who are legally | 8 |
| qualified to hold positions in the
subject shortage area | 9 |
| and have not yet begun to receive their retirement
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| annuities under this Article, the vacant positions must | 11 |
| first be tendered to
those teachers.
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| (2) For a period of at least 90 days
during the 6 | 13 |
| months preceding the beginning of either the fall or spring | 14 |
| term
the school term for which
it seeks to employ a retired | 15 |
| teacher under the program established in this
Section, the | 16 |
| school district must, on an ongoing basis, both (i) | 17 |
| advertise
its vacancies in the subject shortage area in a | 18 |
| newspaper of general
circulation in the area in which the | 19 |
| school is located and in employment
bulletins published by | 20 |
| college and university placement offices located near
the | 21 |
| school; and (ii) search for teachers legally qualified to | 22 |
| fill those
vacancies through the Illinois Education Job | 23 |
| Bank.
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| The school district must submit documentation of its | 25 |
| compliance with this
subsection to the regional | 26 |
| superintendent. Upon receiving satisfactory
documentation from | 27 |
| the school district, the regional superintendent shall
certify | 28 |
| the district's compliance with this subsection to the System.
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| (f) This Section applies without regard to whether the | 30 |
| annuitant was in
service on or after the effective date of this | 31 |
| amendatory Act of the 93rd
General Assembly.
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| (Source: P.A. 93-320, eff. 7-23-03.)
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| Section 99. Effective date. This Act takes effect upon | 34 |
| becoming law.
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