Full Text of SB1558 97th General Assembly
SB1558 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1558 Introduced 2/9/2011, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/16-106 | from Ch. 108 1/2, par. 16-106 |
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Amends the Downstate Teachers Article of the Illinois Pension Code. Provides that a person who becomes an employee of a school board association, an officer or employee of a statewide teacher organization, or an officer of a national teacher organization must have, before the effective date of the amendatory Act, qualified as a teacher under the Downstate Teachers Article of the Illinois Pension Code in order to have service in one of those positions qualify him or her as a teacher under that Article of the Code. Also makes technical changes.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 16-106 as follows:
| 6 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 7 | | Sec. 16-106. Teacher. "Teacher": The following | 8 | | individuals, provided
that, for employment prior to July 1, | 9 | | 1990, they are employed on a
full-time basis, or if not | 10 | | full-time, on a permanent and continuous basis
in a position in | 11 | | which services are expected to be rendered for at least
one | 12 | | school term:
| 13 | | (1) Any educational, administrative, professional or | 14 | | other staff employed
in the public common schools included | 15 | | within this system in a position
requiring certification | 16 | | under the law governing the certification of
teachers . ;
| 17 | | (2) Any educational, administrative, professional or | 18 | | other staff employed
in any facility of the Department of | 19 | | Children and Family Services or the
Department of Human | 20 | | Services, in a position requiring certification under
the | 21 | | law governing the certification of teachers, and any person | 22 | | who (i)
works in such a position for the Department of | 23 | | Corrections, (ii) was a member
of this System on May 31, |
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| 1 | | 1987, and (iii) did not elect to become a member of
the | 2 | | State Employees' Retirement System pursuant to Section | 3 | | 14-108.2 of this
Code; except that "teacher" does not | 4 | | include any person who (A) becomes
a security employee of | 5 | | the Department of Human Services, as defined in
Section | 6 | | 14-110, after June 28, 2001 (the effective date of Public | 7 | | Act
92-14), or (B) becomes a member of the State Employees'
| 8 | | Retirement System pursuant to Section 14-108.2c of this | 9 | | Code . ;
| 10 | | (3) Any regional superintendent of schools, assistant | 11 | | regional
superintendent of schools, State Superintendent | 12 | | of Education; any person
employed by the State Board of | 13 | | Education as an executive; any executive of
the boards | 14 | | engaged in the service of public common school education in
| 15 | | school districts covered under this system of which the | 16 | | State
Superintendent of Education is an ex-officio member . | 17 | | ;
| 18 | | (4) Any employee of a school board association | 19 | | operating in compliance
with Article 23 of the School Code | 20 | | who is certificated under the law
governing the | 21 | | certification of teachers and first qualifies as a teacher | 22 | | under any paragraph of Section 16-106 before the effective | 23 | | date of this amendatory Act of the 97th General Assembly. ;
| 24 | | (5) Any person employed by the retirement system
who:
| 25 | | (i) was an employee of and a participant in the | 26 | | system on August 17,
2001 (the effective date of Public |
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| 1 | | Act 92-416), or
| 2 | | (ii) becomes an employee of the system on or after | 3 | | August 17, 2001 . ;
| 4 | | (6) Any educational, administrative, professional or | 5 | | other staff
employed by and under the supervision and | 6 | | control of a regional
superintendent of schools, provided | 7 | | such employment position requires the
person to be | 8 | | certificated under the law governing the certification of
| 9 | | teachers and is in an educational program serving 2 or more | 10 | | districts in
accordance with a joint agreement authorized | 11 | | by the School Code or by federal
legislation . ;
| 12 | | (7) Any educational, administrative, professional or | 13 | | other staff employed
in an educational program serving 2 or | 14 | | more school districts in accordance
with a joint agreement | 15 | | authorized by the School Code or by federal
legislation and | 16 | | in a position requiring certification under the laws
| 17 | | governing the certification of teachers . ;
| 18 | | (8) Any officer or employee of a statewide teacher | 19 | | organization or
officer of a national teacher organization | 20 | | who is certified under the law
governing certification of | 21 | | teachers, provided: (i) the individual had
previously | 22 | | established creditable service under this Article ; , (ii) | 23 | | the
individual files with the system an irrevocable | 24 | | election to become a member ; ,
and (iii) the individual | 25 | | does not receive credit for such service under any
other | 26 | | Article of this Code ; and (iv) the individual first |
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| 1 | | qualifies as a teacher under any paragraph of Section | 2 | | 16-106 before the effective date of this amendatory Act of | 3 | | the 97th General Assembly. ;
| 4 | | (9) Any educational, administrative, professional, or | 5 | | other staff
employed in a charter school operating in | 6 | | compliance with the Charter
Schools Law who is certificated | 7 | | under the law governing the certification
of teachers.
| 8 | | (10) Any person employed, on February 27, 2007 ( the | 9 | | effective date of Public Act 94-1111) this amendatory Act | 10 | | of the 94th General Assembly , by the Macon-Piatt Regional | 11 | | Office of Education in a birth-through-age-three pilot | 12 | | program receiving funds under Section 2-389 of the School | 13 | | Code who is required by the Macon-Piatt Regional Office of | 14 | | Education to hold a teaching certificate, provided that the | 15 | | Macon-Piatt Regional Office of Education makes an | 16 | | election, within 6 months after February 27, 2007 ( the | 17 | | effective date of Public Act 94-1111) this amendatory Act | 18 | | of the 94th General Assembly , to have the person | 19 | | participate in the system. Any service established prior to | 20 | | February 27, 2007 ( the effective date of Public Act | 21 | | 94-1111) this amendatory Act of the 94th General Assembly | 22 | | for service as an employee of the Macon-Piatt Regional | 23 | | Office of Education in a birth-through-age-three pilot | 24 | | program receiving funds under Section 2-389 of the School | 25 | | Code shall be considered service as a teacher if employee | 26 | | and employer contributions have been received by the system |
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| 1 | | and the system has not refunded those contributions.
| 2 | | An annuitant receiving a retirement annuity under this | 3 | | Article or under
Article 17 of this Code who is employed by a | 4 | | board of education
or other employer as permitted under Section | 5 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 6 | | Article. A person who
has received a single-sum retirement | 7 | | benefit under Section 16-136.4 of this
Article is not a | 8 | | "teacher" for purposes of this Article. | 9 | | A person who is a teacher as described in item (8) of this | 10 | | Section may establish service credit for similar employment | 11 | | prior to becoming certified as a teacher if he or she (i) is | 12 | | certified as a teacher on or before February 27, 2007 ( the | 13 | | effective date of Public Act 94-1111) this amendatory Act of | 14 | | the 94th General Assembly , (ii) applies in writing to the | 15 | | system within 6 months after February 27, 2007 ( the effective | 16 | | date of Public Act 94-1111) this amendatory Act of the 94th | 17 | | General Assembly , and (iii) pays to the system contributions | 18 | | equal to the normal costs calculated from the date of first | 19 | | full-time employment as described in item (8) to the date of | 20 | | payment, compounded annually at the rate of 8.5% per year for | 21 | | periods before February 27, 2007 ( the effective date of Public | 22 | | Act 94-1111) this amendatory Act of the 94th General Assembly | 23 | | and for subsequent periods at a rate equal to the System's | 24 | | actuarially assumed rate of return on investments. However, | 25 | | credit shall not be granted under this paragraph for any such | 26 | | prior employment for which the applicant received credit under |
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| 1 | | any other provision of this Code.
| 2 | | (Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
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