Full Text of HB4867 97th General Assembly
HB4867ham001 97TH GENERAL ASSEMBLY | Rep. Tom Cross Filed: 3/19/2012
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| 1 | | AMENDMENT TO HOUSE BILL 4867
| 2 | | AMENDMENT NO. ______. Amend House Bill 4867 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 15-107 and 16-106 as follows:
| 6 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| 7 | | Sec. 15-107. Employee.
| 8 | | (a) "Employee" means any member of the educational, | 9 | | administrative,
secretarial, clerical, mechanical, labor or | 10 | | other staff of an employer
whose employment is permanent and | 11 | | continuous or who is employed in a
position in which services | 12 | | are expected to be rendered on a continuous
basis for at least | 13 | | 4 months or one academic term, whichever is less, who
(A) | 14 | | receives payment for personal services on a warrant issued | 15 | | pursuant to
a payroll voucher certified by an employer and | 16 | | drawn by the State
Comptroller upon the State Treasurer or by |
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| 1 | | an employer upon trust, federal
or other funds, or (B) is on a | 2 | | leave of absence without pay. Employment
which is irregular, | 3 | | intermittent or temporary shall not be considered
continuous | 4 | | for purposes of this paragraph.
| 5 | | However, a person is not an "employee" if he or she:
| 6 | | (1) is a student enrolled in and regularly attending | 7 | | classes in a
college or university which is an employer, | 8 | | and is employed on a temporary
basis at less than full | 9 | | time;
| 10 | | (2) is currently receiving a retirement annuity or a | 11 | | disability
retirement annuity under Section 15-153.2 from | 12 | | this System;
| 13 | | (3) is on a military leave of absence;
| 14 | | (4) is eligible to participate in the Federal Civil | 15 | | Service Retirement
System and is currently making | 16 | | contributions to that system based upon
earnings paid by an | 17 | | employer;
| 18 | | (5) is on leave of absence without pay for more than 60 | 19 | | days
immediately following termination of disability | 20 | | benefits under this
Article;
| 21 | | (6) is hired after June 30, 1979 as a public service | 22 | | employment program
participant under the Federal | 23 | | Comprehensive Employment and Training Act
and receives | 24 | | earnings in whole or in part from funds provided under that
| 25 | | Act; or
| 26 | | (7) is employed on or after July 1, 1991 to perform |
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| 1 | | services that
are excluded by subdivision (a)(7)(f) or | 2 | | (a)(19) of Section 210 of the
federal Social Security Act | 3 | | from the definition of employment given in that
Section (42 | 4 | | U.S.C. 410) ; or .
| 5 | | (8) becomes employed after the effective date of this | 6 | | amendatory Act of the 97th General Assembly by the Illinois | 7 | | Association of School Administrators, the Illinois | 8 | | Principals Association, Special Olympics Illinois, the | 9 | | Illinois Association of School Business Officials, the | 10 | | Illinois Association for Supervision and Curriculum | 11 | | Development, the Illinois Manufacturing Extension Center, | 12 | | or the Association of Illinois Middle Grade Schools, with | 13 | | respect to that employment, but this does not exclude | 14 | | participation in the System by a person so employed on that | 15 | | effective date for the duration of that employment. | 16 | | (b) Any employer may, by filing a written notice with the | 17 | | board, exclude
from the definition of "employee" all persons | 18 | | employed pursuant to a federally
funded contract entered into | 19 | | after July 1, 1982 with a federal military
department in a | 20 | | program providing training in military courses to federal
| 21 | | military personnel on a military site owned by the United | 22 | | States Government,
if this exclusion is not prohibited by the | 23 | | federally funded contract or
federal laws or rules governing | 24 | | the administration of the contract.
| 25 | | (c) Any person appointed by the Governor under the Civil | 26 | | Administrative
Code of the State is an employee, if he or she |
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| 1 | | is a participant in this
system on the effective date of the | 2 | | appointment.
| 3 | | (d) A participant on lay-off status under civil service | 4 | | rules is
considered an employee for not more than 120 days from | 5 | | the date of the lay-off.
| 6 | | (e) A participant is considered an employee during (1) the | 7 | | first 60 days
of disability leave, (2) the period, not to | 8 | | exceed one year, in which his
or her eligibility for disability | 9 | | benefits is being considered by the board
or reviewed by the | 10 | | courts, and (3) the period he or she receives disability
| 11 | | benefits under the provisions of Section 15-152, workers' | 12 | | compensation or
occupational disease benefits, or disability | 13 | | income under an insurance
contract financed wholly or partially | 14 | | by the employer.
| 15 | | (f) Absences without pay, other than formal leaves of | 16 | | absence, of less
than 30 calendar days, are not considered as | 17 | | an interruption of a person's
status as an employee. If such | 18 | | absences during any period of 12 months
exceed 30 work days, | 19 | | the employee status of the person is considered as
interrupted | 20 | | as of the 31st work day.
| 21 | | (g) A staff member whose employment contract requires | 22 | | services during
an academic term is to be considered an | 23 | | employee during the summer and
other vacation periods, unless | 24 | | he or she declines an employment contract
for the succeeding | 25 | | academic term or his or her employment status is
otherwise | 26 | | terminated, and he or she receives no earnings during these |
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| 1 | | periods.
| 2 | | (h) An individual who was a participating employee employed | 3 | | in the fire
department of the University of Illinois's | 4 | | Champaign-Urbana campus immediately
prior to the elimination | 5 | | of that fire department and who immediately after the
| 6 | | elimination of that fire department became employed by the fire | 7 | | department of
the City of Urbana or the City of Champaign shall | 8 | | continue to be considered as
an employee for purposes of this | 9 | | Article for so long as the individual remains
employed as a | 10 | | firefighter by the City of Urbana or the City of Champaign. The
| 11 | | individual shall cease to be considered an employee under this | 12 | | subsection (h)
upon the first termination of the individual's | 13 | | employment as a firefighter by
the City of Urbana or the City | 14 | | of Champaign.
| 15 | | (i) An individual who is employed on a full-time basis as | 16 | | an officer
or employee of a statewide teacher organization that | 17 | | serves System
participants or an officer of a national teacher | 18 | | organization that serves
System participants may participate | 19 | | in the System and shall be deemed an
employee, provided that | 20 | | (1) the individual has previously earned
creditable service | 21 | | under this Article, (2) the individual files with the
System an | 22 | | irrevocable election to become a participant before the | 23 | | effective date of this amendatory Act of the 97th General | 24 | | Assembly, (3) the
individual does not receive credit for that | 25 | | employment under any other Article
of this Code, and (4) the | 26 | | individual first became a full-time employee of the teacher |
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| 1 | | organization and becomes a participant before the effective | 2 | | date of this amendatory Act of the 97th General Assembly. An | 3 | | employee under this subsection (i) is responsible for paying
to | 4 | | the System both (A) employee contributions based on the actual | 5 | | compensation
received for service with the teacher | 6 | | organization and (B) employer
contributions equal to the normal | 7 | | costs (as defined in Section 15-155)
resulting from that | 8 | | service; all or any part of these contributions may be
paid on | 9 | | the employee's behalf or picked up for tax purposes (if | 10 | | authorized
under federal law) by the teacher organization.
| 11 | | A person who is an employee as defined in this subsection | 12 | | (i) may establish
service credit for similar employment prior | 13 | | to becoming an employee under this
subsection by paying to the | 14 | | System for that employment the contributions
specified in this | 15 | | subsection, plus interest at the effective rate from the
date | 16 | | of service to the date of payment. However, credit shall not be | 17 | | granted
under this subsection for any such prior employment for | 18 | | which the applicant
received credit under any other provision | 19 | | of this Code, or during which
the applicant was on a leave of | 20 | | absence under Section 15-113.2.
| 21 | | (j) A person employed by the State Board of Higher | 22 | | Education in a position with the Illinois Century Network as of | 23 | | June 30, 2004 shall be considered to be an employee for so long | 24 | | as he or she remains continuously employed after that date by | 25 | | the Department of Central Management Services in a position | 26 | | with the Illinois Century Network, the Bureau of Communication |
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| 1 | | and Computer Services, or, if applicable, any successor bureau
| 2 | | and meets the requirements of subsection (a).
| 3 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 4 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 5 | | Sec. 16-106. Teacher. "Teacher": The following | 6 | | individuals, provided
that, for employment prior to July 1, | 7 | | 1990, they are employed on a
full-time basis, or if not | 8 | | full-time, on a permanent and continuous basis
in a position in | 9 | | which services are expected to be rendered for at least
one | 10 | | school term:
| 11 | | (1) Any educational, administrative, professional or | 12 | | other staff employed
in the public common schools included | 13 | | within this system in a position
requiring certification | 14 | | under the law governing the certification of
teachers;
| 15 | | (2) Any educational, administrative, professional or | 16 | | other staff employed
in any facility of the Department of | 17 | | Children and Family Services or the
Department of Human | 18 | | Services, in a position requiring certification under
the | 19 | | law governing the certification of teachers, and any person | 20 | | who (i)
works in such a position for the Department of | 21 | | Corrections, (ii) was a member
of this System on May 31, | 22 | | 1987, and (iii) did not elect to become a member of
the | 23 | | State Employees' Retirement System pursuant to Section | 24 | | 14-108.2 of this
Code; except that "teacher" does not | 25 | | include any person who (A) becomes
a security employee of |
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| 1 | | the Department of Human Services, as defined in
Section | 2 | | 14-110, after June 28, 2001 (the effective date of Public | 3 | | Act
92-14), or (B) becomes a member of the State Employees'
| 4 | | Retirement System pursuant to Section 14-108.2c of this | 5 | | Code;
| 6 | | (3) Any regional superintendent of schools, assistant | 7 | | regional
superintendent of schools, State Superintendent | 8 | | of Education; any person
employed by the State Board of | 9 | | Education as an executive; any executive of
the boards | 10 | | engaged in the service of public common school education in
| 11 | | school districts covered under this system of which the | 12 | | State
Superintendent of Education is an ex-officio member;
| 13 | | (4) Any person participating in the System on the | 14 | | effective date of this amendatory Act of the 97th General | 15 | | Assembly as an employee of a school board association | 16 | | operating in compliance
with Article 23 of the School Code | 17 | | who is certificated under the law
governing the | 18 | | certification of teachers , for the duration of that | 19 | | employment, but not a person who becomes so employed after | 20 | | that date ;
| 21 | | (5) Any person employed by the retirement system
who:
| 22 | | (i) was an employee of and a participant in the | 23 | | system on August 17,
2001 (the effective date of Public | 24 | | Act 92-416), or
| 25 | | (ii) becomes an employee of the system on or after | 26 | | August 17, 2001;
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| 1 | | (6) Any educational, administrative, professional or | 2 | | other staff
employed by and under the supervision and | 3 | | control of a regional
superintendent of schools, provided | 4 | | such employment position requires the
person to be | 5 | | certificated under the law governing the certification of
| 6 | | teachers and is in an educational program serving 2 or more | 7 | | districts in
accordance with a joint agreement authorized | 8 | | by the School Code or by federal
legislation;
| 9 | | (7) Any educational, administrative, professional or | 10 | | other staff employed
in an educational program serving 2 or | 11 | | more school districts in accordance
with a joint agreement | 12 | | authorized by the School Code or by federal
legislation and | 13 | | in a position requiring certification under the laws
| 14 | | governing the certification of teachers;
| 15 | | (8) Any officer or employee of a statewide teacher | 16 | | organization or
officer of a national teacher organization | 17 | | who is certified under the law
governing certification of | 18 | | teachers, provided: (i) the individual had
previously | 19 | | established creditable service under this Article, (ii) | 20 | | the
individual files with the system an irrevocable | 21 | | election to become a member before the effective date of | 22 | | this amendatory Act of the 97th General Assembly,
(iii) the | 23 | | individual does not receive credit for such service under | 24 | | any
other Article of this Code, and (iv) the individual | 25 | | first became an officer or employee of the teacher | 26 | | organization and becomes a member before the effective date |
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| 1 | | of this amendatory Act of the 97th General Assembly;
| 2 | | (9) Any educational, administrative, professional, or | 3 | | other staff
employed in a charter school operating in | 4 | | compliance with the Charter
Schools Law who is certificated | 5 | | under the law governing the certification
of teachers.
| 6 | | (10) Any person employed, on the effective date of this | 7 | | amendatory Act of the 94th General Assembly, by the | 8 | | Macon-Piatt Regional Office of Education in a | 9 | | birth-through-age-three pilot program receiving funds | 10 | | under Section 2-389 of the School Code who is required by | 11 | | the Macon-Piatt Regional Office of Education to hold a | 12 | | teaching certificate, provided that the Macon-Piatt | 13 | | Regional Office of Education makes an election, within 6 | 14 | | months after the effective date of this amendatory Act of | 15 | | the 94th General Assembly, to have the person participate | 16 | | in the system. Any service established prior to the | 17 | | effective date of this amendatory Act of the 94th General | 18 | | Assembly for service as an employee of the Macon-Piatt | 19 | | Regional Office of Education in a birth-through-age-three | 20 | | pilot program receiving funds under Section 2-389 of the | 21 | | School Code shall be considered service as a teacher if | 22 | | employee and employer contributions have been received by | 23 | | the system and the system has not refunded those | 24 | | contributions.
| 25 | | An annuitant receiving a retirement annuity under this | 26 | | Article or under
Article 17 of this Code who is employed by a |
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| 1 | | board of education
or other employer as permitted under Section | 2 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 3 | | Article. A person who
has received a single-sum retirement | 4 | | benefit under Section 16-136.4 of this
Article is not a | 5 | | "teacher" for purposes of this Article.
| 6 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.".
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