Full Text of HB3372 98th General Assembly
HB3372 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3372 Introduced , by Rep. Darlene J. Senger SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/7-109 | from Ch. 108 1/2, par. 7-109 | 40 ILCS 5/14-103.10 | from Ch. 108 1/2, par. 14-103.10 | 40 ILCS 5/14-106 | from Ch. 108 1/2, par. 14-106 | 40 ILCS 5/15-106 | from Ch. 108 1/2, par. 15-106 | 40 ILCS 5/15-107 | from Ch. 108 1/2, par. 15-107 | 40 ILCS 5/16-106 | from Ch. 108 1/2, par. 16-106 |
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Amends the Illinois Pension Code. In the Illinois Municipal Retirement Fund (IMRF), State Universities, and Downstate Teachers Articles, imposes limitations on participation by certain persons. In the State Employees Article, provides that, for new members: (i) "compensation" does not include any payments or reimbursements for travel vouchers, and (ii) service credit is not available for unused sick leave. Effective immediately.
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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 | | Sections 7-109, 14-103.10, 14-106, 15-106, 15-107, and 16-106 | 6 | | as follows:
| 7 | | (40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
| 8 | | Sec. 7-109. Employee.
| 9 | | (1) "Employee" means any person who:
| 10 | | (a) 1. Receives earnings as payment for the performance | 11 | | of personal
services or official duties out of the | 12 | | general fund of a municipality,
or out of any special | 13 | | fund or funds controlled by a municipality, or by
an | 14 | | instrumentality thereof, or a participating | 15 | | instrumentality, including,
in counties, the fees or | 16 | | earnings of any county fee office; and
| 17 | | 2. Under the usual common law rules applicable in | 18 | | determining the
employer-employee relationship, has | 19 | | the status of an employee with a
municipality, or any | 20 | | instrumentality thereof, or a participating
| 21 | | instrumentality, including aldermen, county | 22 | | supervisors and other
persons (excepting those | 23 | | employed as independent contractors) who are
paid |
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| 1 | | compensation, fees, allowances or other emolument for | 2 | | official
duties, and, in counties, the several county | 3 | | fee offices.
| 4 | | (b) Serves as a township treasurer appointed under the | 5 | | School
Code, as heretofore or hereafter amended, and
who | 6 | | receives for such services regular compensation as | 7 | | distinguished
from per diem compensation, and any regular | 8 | | employee in the office of
any township treasurer whether or | 9 | | not his earnings are paid from the
income of the permanent | 10 | | township fund or from funds subject to
distribution to the | 11 | | several school districts and parts of school
districts as | 12 | | provided in the School Code, or from both such sources; or | 13 | | is the chief executive officer, chief educational officer, | 14 | | chief fiscal officer, or other employee of a Financial | 15 | | Oversight Panel established pursuant to Article 1H of the | 16 | | School Code, other than a superintendent or certified | 17 | | school business official, except that such person shall not | 18 | | be treated as an employee under this Section if that person | 19 | | has negotiated with the Financial Oversight Panel, in | 20 | | conjunction with the school district, a contractual | 21 | | agreement for exclusion from this Section.
| 22 | | (c) Holds an elective office in a municipality, | 23 | | instrumentality
thereof or participating instrumentality.
| 24 | | (2) "Employee" does not include persons who:
| 25 | | (a) Are eligible for inclusion under any of the | 26 | | following laws:
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| 1 | | 1. "An Act in relation to an Illinois State | 2 | | Teachers' Pension and
Retirement Fund", approved May | 3 | | 27, 1915, as amended;
| 4 | | 2. Articles 15 and 16 of this Code.
| 5 | | However, such persons shall be included as employees to | 6 | | the extent of
earnings that are not eligible for inclusion | 7 | | under the foregoing laws
for services not of an | 8 | | instructional nature of any kind.
| 9 | | However, any member of the armed forces who is employed | 10 | | as a teacher
of subjects in the Reserve Officers Training | 11 | | Corps of any school and who
is not certified under the law | 12 | | governing the certification of teachers
shall be included | 13 | | as an employee.
| 14 | | (b) Are designated by the governing body of a | 15 | | municipality in which a
pension fund is required by law to | 16 | | be established for policemen or
firemen, respectively, as | 17 | | performing police or fire protection duties,
except that | 18 | | when such persons are the heads of the police or fire
| 19 | | department and are not eligible to be included within any | 20 | | such pension
fund, they shall be included within this | 21 | | Article; provided, that such
persons shall not be excluded | 22 | | to the extent of concurrent service and
earnings not | 23 | | designated as being for police or fire protection duties.
| 24 | | However, (i) any head of a police department who was a | 25 | | participant under this
Article immediately before October | 26 | | 1, 1977 and did not elect, under Section
3-109 of this Act, |
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| 1 | | to participate in a police pension fund shall be an
| 2 | | "employee", and (ii) any chief of police who elects to | 3 | | participate in this
Fund under Section 3-109.1 of this | 4 | | Code, regardless of whether such person
continues to be | 5 | | employed as chief of police or is employed in some other
| 6 | | rank or capacity within the police department, shall be an | 7 | | employee under
this Article for so long as such person is | 8 | | employed to perform police
duties by a participating | 9 | | municipality and has not lawfully rescinded that
election. | 10 | | (c) After August 26, 2011 (the effective date of Public | 11 | | Act 97-609), are contributors to or eligible to contribute | 12 | | to a Taft-Hartley pension plan established on or before | 13 | | June 1, 2011 and are employees of a theatre, arena, or | 14 | | convention center that is located in a municipality located | 15 | | in a county with a population greater than 5,000,000, and | 16 | | to which the participating municipality is required to | 17 | | contribute as the person's employer based on earnings from | 18 | | the municipality. Nothing in this paragraph shall affect | 19 | | service credit or creditable service for any period of | 20 | | service prior to August 26, 2011, and this paragraph shall | 21 | | not apply to individuals who are participating in the Fund | 22 | | prior to August 26, 2011.
| 23 | | (d) Become an employee of any of the following | 24 | | participating instrumentalities on or after the effective | 25 | | date of this amendatory Act of the 98th General Assembly: | 26 | | the Illinois Municipal League; the Illinois Association of |
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| 1 | | Park Districts; the Illinois Supervisors, County | 2 | | Commissioners and Superintendents of Highways Association; | 3 | | an association, or not-for-profit corporation, membership | 4 | | in which is authorized under Section 85-15 of the Township | 5 | | Code; the United Counties Council; or the Will County | 6 | | Governmental League. | 7 | | (3) All persons, including, without limitation, public | 8 | | defenders and
probation officers, who receive earnings from | 9 | | general or special funds
of a county for performance of | 10 | | personal services or official duties
within the territorial | 11 | | limits of the county, are employees of the county
(unless | 12 | | excluded by subsection (2) of this Section) notwithstanding | 13 | | that
they may be appointed by and are subject to the direction | 14 | | of a person or
persons other than a county board or a county | 15 | | officer. It is hereby
established that an employer-employee | 16 | | relationship under the usual
common law rules exists between | 17 | | such employees and the county paying
their salaries by reason | 18 | | of the fact that the county boards fix their
rates of | 19 | | compensation, appropriate funds for payment of their earnings
| 20 | | and otherwise exercise control over them. This finding and this
| 21 | | amendatory Act shall apply to all such employees from the date | 22 | | of
appointment whether such date is prior to or after the | 23 | | effective date of
this amendatory Act and is intended to | 24 | | clarify existing law pertaining
to their status as | 25 | | participating employees in the Fund.
| 26 | | (Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11; |
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| 1 | | 97-813, eff. 7-13-12.)
| 2 | | (40 ILCS 5/14-103.10) (from Ch. 108 1/2, par. 14-103.10)
| 3 | | Sec. 14-103.10. Compensation.
| 4 | | (a) For periods of service prior to January 1, 1978, the | 5 | | full rate of salary
or wages payable to an employee for | 6 | | personal services performed if he worked
the full normal | 7 | | working period for his position, subject to the following
| 8 | | maximum amounts: (1) prior to July 1, 1951, $400 per month or | 9 | | $4,800 per year;
(2) between July 1, 1951 and June 30, 1957 | 10 | | inclusive, $625 per month or $7,500
per year; (3) beginning | 11 | | July 1, 1957, no limitation.
| 12 | | In the case of service of an employee in a position | 13 | | involving
part-time employment, compensation shall be | 14 | | determined according to the
employees' earnings record.
| 15 | | (b) For periods of service on and after January 1, 1978, | 16 | | all
remuneration for personal services performed defined as | 17 | | "wages" under
the Social Security Enabling Act, including that | 18 | | part of such
remuneration which is in excess of any maximum | 19 | | limitation provided in
such Act, and including any benefits | 20 | | received by an employee under a sick
pay plan in effect before | 21 | | January 1, 1981, but excluding lump sum salary
payments:
| 22 | | (1) for vacation,
| 23 | | (2) for accumulated unused sick leave,
| 24 | | (3) upon discharge or dismissal,
| 25 | | (4) for approved holidays.
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| 1 | | (c) For periods of service on or after December 16, 1978, | 2 | | compensation
also includes any benefits, other than lump sum | 3 | | salary payments made at
termination of employment, which an | 4 | | employee receives or is eligible to
receive under a sick pay | 5 | | plan authorized by law.
| 6 | | (d) For periods of service after September 30, 1985, | 7 | | compensation also
includes any remuneration for personal | 8 | | services not included as "wages"
under the Social Security | 9 | | Enabling Act, which is deducted for purposes of
participation | 10 | | in a program established pursuant to Section 125 of the
| 11 | | Internal Revenue Code or its successor laws.
| 12 | | (e) For members for which Section 1-160 applies for periods | 13 | | of service on and after January 1, 2011, all remuneration for | 14 | | personal services performed defined as "wages" under the Social | 15 | | Security Enabling Act, excluding remuneration that is in excess | 16 | | of the annual earnings, salary, or wages of a member or | 17 | | participant, as provided in subsection (b-5) of Section 1-160, | 18 | | but including any benefits received by an employee under a sick | 19 | | pay plan in effect before January 1, 1981.
Compensation shall | 20 | | exclude lump sum salary payments: | 21 | | (1) for vacation; | 22 | | (2) for accumulated unused sick leave; | 23 | | (3) upon discharge or dismissal; and | 24 | | (4) for approved holidays. | 25 | | (f) Notwithstanding the other provisions of this Section, | 26 | | for an employee who first becomes a participant on or after the |
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| 1 | | effective date of this amendatory Act of the 98th General | 2 | | Assembly, "compensation" does not include any payments or | 3 | | reimbursements for travel vouchers. | 4 | | (Source: P.A. 96-1490, eff. 1-1-11.)
| 5 | | (40 ILCS 5/14-106) (from Ch. 108 1/2, par. 14-106)
| 6 | | Sec. 14-106. Membership service credit.
| 7 | | (a) After January 1, 1944, all
service of a member since he | 8 | | last became a member with respect to which
contributions are | 9 | | made shall count as membership service; provided, that
for | 10 | | service on and after July 1, 1950, 12 months of service shall
| 11 | | constitute a year of membership service, the completion of 15 | 12 | | days or
more of service during any month shall constitute 1 | 13 | | month of membership
service, 8 to 15 days shall constitute 1/2 | 14 | | month of membership service
and less than 8 days shall | 15 | | constitute 1/4 month of membership service.
The payroll record | 16 | | of each department shall constitute conclusive
evidence of the | 17 | | record of service rendered by a member.
| 18 | | (b) For a member who is employed and paid on an | 19 | | academic-year basis
rather than on a 12-month annual basis, | 20 | | employment for a full academic year
shall constitute a full | 21 | | year of membership service, except that the member
shall not | 22 | | receive more than one year of membership service credit (plus | 23 | | any
additional service credit granted for unused sick leave) | 24 | | for service during
any 12-month period. This subsection (b) | 25 | | applies to all such service for which
the member has not begun |
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| 1 | | to receive a retirement annuity before January 1,
2001.
| 2 | | (c) A member who first participated in this System before | 3 | | the effective date of this amendatory Act of the 98th General | 4 | | Assembly shall be entitled to additional service credit, under
| 5 | | rules prescribed by the Board, for accumulated unused sick | 6 | | leave credited
to his account in the last Department on the | 7 | | date of withdrawal from
service or for any period for which he | 8 | | would have been eligible to receive
benefits under a sick pay | 9 | | plan authorized by law, if he had suffered a
sickness or | 10 | | accident on the date of withdrawal from service. It shall be | 11 | | the
responsibility of the last Department to certify to the | 12 | | Board the length of
time salary or benefits would have been | 13 | | paid to the member based upon the
accumulated unused sick leave | 14 | | or the applicable sick pay plan if he had
become entitled | 15 | | thereto because of sickness on the date that his status as
an | 16 | | employee terminated. This period of service credit granted | 17 | | under this
paragraph shall not be considered in determining the | 18 | | date the retirement
annuity is to begin, or final average | 19 | | compensation.
| 20 | | Service credit is not available for unused sick leave | 21 | | accumulated by a person who first participates in this System | 22 | | on or after the effective date of this amendatory Act of the | 23 | | 98th General Assembly. | 24 | | (Source: P.A. 92-14, eff. 6-28-01.)
| 25 | | (40 ILCS 5/15-106) (from Ch. 108 1/2, par. 15-106)
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| 1 | | Sec. 15-106. Employer. "Employer": The University of | 2 | | Illinois, Southern
Illinois University, Chicago State | 3 | | University, Eastern Illinois University,
Governors State | 4 | | University, Illinois State University, Northeastern Illinois
| 5 | | University, Northern Illinois University, Western Illinois | 6 | | University, the
State Board of Higher Education, the Illinois | 7 | | Mathematics and Science Academy,
the University Civil Service | 8 | | Merit Board, the Board of
Trustees of the State Universities | 9 | | Retirement System, the Illinois Community
College Board, | 10 | | community college
boards, any association of community college | 11 | | boards organized under Section
3-55 of the Public Community | 12 | | College Act, the Board of Examiners established
under the | 13 | | Illinois Public Accounting Act, and, only during the period for | 14 | | which
employer contributions required under Section 15-155 are | 15 | | paid, the following
organizations: the alumni associations, | 16 | | the foundations and the athletic
associations which are | 17 | | affiliated with the universities and colleges included
in this | 18 | | Section as employers. An individual that begins employment | 19 | | after the effective date of this amendatory Act of the 98th | 20 | | General Assembly with an entity not defined as an employer in | 21 | | this Section shall not be deemed an employee for the purposes | 22 | | of this Article with respect to that employment and shall not | 23 | | be eligible to participate in the System with respect to that | 24 | | employment; provided, however, that those individuals who are | 25 | | both employed and already participants in the System on the | 26 | | effective date of this amendatory Act of the 98th General |
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| 1 | | Assembly shall be allowed to continue as participants in the | 2 | | System for the duration of that employment. | 3 | | Notwithstanding any provision of law to the contrary, an | 4 | | individual who begins employment with any of the following | 5 | | employers on or after the effective date of this amendatory Act | 6 | | of the 98th General Assembly shall not be deemed an employee | 7 | | and shall not be eligible to participate in the System with | 8 | | respect to that employment: any association of community | 9 | | college boards organized under Section
3-55 of the Public | 10 | | Community College Act, the Association of Illinois | 11 | | Middle-Grade Schools, the Illinois Association of School | 12 | | Administrators, the Illinois Association for Supervision and | 13 | | Curriculum Development, the Illinois Principals Association, | 14 | | the Illinois Association of School Business Officials, or the | 15 | | Illinois Special Olympics; provided, however, that those | 16 | | individuals who are both employed and already participants in | 17 | | the System on the effective date of this amendatory Act of the | 18 | | 98th General Assembly shall be allowed to continue as | 19 | | participants in the System for the duration of that employment. | 20 | | A department as defined in Section 14-103.04 is
an employer | 21 | | for any person appointed by the Governor under the Civil
| 22 | | Administrative Code of Illinois who is a participating employee | 23 | | as defined in
Section 15-109. The Department of Central | 24 | | Management Services is an employer with respect to persons | 25 | | employed by the State Board of Higher Education in positions | 26 | | with the Illinois Century Network as of June 30, 2004 who |
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| 1 | | remain continuously employed after that date by the Department | 2 | | of Central Management Services in positions with the Illinois | 3 | | Century Network, the Bureau of Communication and Computer | 4 | | Services, or, if applicable, any successor bureau.
| 5 | | The cities of Champaign and Urbana shall be considered
| 6 | | employers, but only during the period for which contributions | 7 | | are required to
be made under subsection (b-1) of Section | 8 | | 15-155 and only with respect to
individuals described in | 9 | | subsection (h) of Section 15-107.
| 10 | | (Source: P.A. 95-369, eff. 8-23-07; 95-728, eff. 7-1-08 - See | 11 | | Sec. 999 .)
| 12 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| 13 | | Sec. 15-107. Employee.
| 14 | | (a) "Employee" means any member of the educational, | 15 | | administrative,
secretarial, clerical, mechanical, labor or | 16 | | other staff of an employer
whose employment is permanent and | 17 | | continuous or who is employed in a
position in which services | 18 | | are expected to be rendered on a continuous
basis for at least | 19 | | 4 months or one academic term, whichever is less, who
(A) | 20 | | receives payment for personal services on a warrant issued | 21 | | pursuant to
a payroll voucher certified by an employer and | 22 | | drawn by the State
Comptroller upon the State Treasurer or by | 23 | | an employer upon trust, federal
or other funds, or (B) is on a | 24 | | leave of absence without pay. Employment
which is irregular, | 25 | | intermittent or temporary shall not be considered
continuous |
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| 1 | | for purposes of this paragraph.
| 2 | | However, a person is not an "employee" if he or she:
| 3 | | (1) is a student enrolled in and regularly attending | 4 | | classes in a
college or university which is an employer, | 5 | | and is employed on a temporary
basis at less than full | 6 | | time;
| 7 | | (2) is currently receiving a retirement annuity or a | 8 | | disability
retirement annuity under Section 15-153.2 from | 9 | | this System;
| 10 | | (3) is on a military leave of absence;
| 11 | | (4) is eligible to participate in the Federal Civil | 12 | | Service Retirement
System and is currently making | 13 | | contributions to that system based upon
earnings paid by an | 14 | | employer;
| 15 | | (5) is on leave of absence without pay for more than 60 | 16 | | days
immediately following termination of disability | 17 | | benefits under this
Article;
| 18 | | (6) is hired after June 30, 1979 as a public service | 19 | | employment program
participant under the Federal | 20 | | Comprehensive Employment and Training Act
and receives | 21 | | earnings in whole or in part from funds provided under that
| 22 | | Act; or
| 23 | | (7) is employed on or after July 1, 1991 to perform | 24 | | services that
are excluded by subdivision (a)(7)(f) or | 25 | | (a)(19) of Section 210 of the
federal Social Security Act | 26 | | from the definition of employment given in that
Section (42 |
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| 1 | | U.S.C. 410).
| 2 | | (b) Any employer may, by filing a written notice with the | 3 | | board, exclude
from the definition of "employee" all persons | 4 | | employed pursuant to a federally
funded contract entered into | 5 | | after July 1, 1982 with a federal military
department in a | 6 | | program providing training in military courses to federal
| 7 | | military personnel on a military site owned by the United | 8 | | States Government,
if this exclusion is not prohibited by the | 9 | | federally funded contract or
federal laws or rules governing | 10 | | the administration of the contract.
| 11 | | (c) Any person appointed by the Governor under the Civil | 12 | | Administrative
Code of the State is an employee, if he or she | 13 | | is a participant in this
system on the effective date of the | 14 | | appointment.
| 15 | | (d) A participant on lay-off status under civil service | 16 | | rules is
considered an employee for not more than 120 days from | 17 | | the date of the lay-off.
| 18 | | (e) A participant is considered an employee during (1) the | 19 | | first 60 days
of disability leave, (2) the period, not to | 20 | | exceed one year, in which his
or her eligibility for disability | 21 | | benefits is being considered by the board
or reviewed by the | 22 | | courts, and (3) the period he or she receives disability
| 23 | | benefits under the provisions of Section 15-152, workers' | 24 | | compensation or
occupational disease benefits, or disability | 25 | | income under an insurance
contract financed wholly or partially | 26 | | by the employer.
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| 1 | | (f) Absences without pay, other than formal leaves of | 2 | | absence, of less
than 30 calendar days, are not considered as | 3 | | an interruption of a person's
status as an employee. If such | 4 | | absences during any period of 12 months
exceed 30 work days, | 5 | | the employee status of the person is considered as
interrupted | 6 | | as of the 31st work day.
| 7 | | (g) A staff member whose employment contract requires | 8 | | services during
an academic term is to be considered an | 9 | | employee during the summer and
other vacation periods, unless | 10 | | he or she declines an employment contract
for the succeeding | 11 | | academic term or his or her employment status is
otherwise | 12 | | terminated, and he or she receives no earnings during these | 13 | | periods.
| 14 | | (h) An individual who was a participating employee employed | 15 | | in the fire
department of the University of Illinois's | 16 | | Champaign-Urbana campus immediately
prior to the elimination | 17 | | of that fire department and who immediately after the
| 18 | | elimination of that fire department became employed by the fire | 19 | | department of
the City of Urbana or the City of Champaign shall | 20 | | continue to be considered as
an employee for purposes of this | 21 | | Article for so long as the individual remains
employed as a | 22 | | firefighter by the City of Urbana or the City of Champaign. The
| 23 | | individual shall cease to be considered an employee under this | 24 | | subsection (h)
upon the first termination of the individual's | 25 | | employment as a firefighter by
the City of Urbana or the City | 26 | | of Champaign.
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| 1 | | (i) An individual who is employed on a full-time basis as | 2 | | an officer
or employee of a statewide teacher organization that | 3 | | serves System
participants or an officer of a national teacher | 4 | | organization that serves
System participants may participate | 5 | | in the System and shall be deemed an
employee, provided that | 6 | | (1) the individual has previously earned
creditable service | 7 | | under this Article, (2) the individual files with the
System an | 8 | | irrevocable election to become a participant before the | 9 | | effective date of this amendatory Act of the 97th General | 10 | | Assembly, (3) the
individual does not receive credit for that | 11 | | employment under any other Article
of this Code, and (4) the | 12 | | individual first became a full-time employee of the teacher | 13 | | organization and becomes a participant before the effective | 14 | | date of this amendatory Act of the 97th General Assembly. An | 15 | | employee under this subsection (i) is responsible for paying
to | 16 | | the System both (A) employee contributions based on the actual | 17 | | compensation
received for service with the teacher | 18 | | organization and (B) employer
contributions equal to the normal | 19 | | costs (as defined in Section 15-155)
resulting from that | 20 | | service; all or any part of these contributions may be
paid on | 21 | | the employee's behalf or picked up for tax purposes (if | 22 | | authorized
under federal law) by the teacher organization.
| 23 | | A person who is an employee as defined in this subsection | 24 | | (i) may establish
service credit for similar employment prior | 25 | | to becoming an employee under this
subsection by paying to the | 26 | | System for that employment the contributions
specified in this |
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| 1 | | subsection, plus interest at the effective rate from the
date | 2 | | of service to the date of payment. However, credit shall not be | 3 | | granted
under this subsection for any such prior employment for | 4 | | which the applicant
received credit under any other provision | 5 | | of this Code, or during which
the applicant was on a leave of | 6 | | absence under Section 15-113.2.
| 7 | | (j) A person employed by the State Board of Higher | 8 | | Education in a position with the Illinois Century Network as of | 9 | | June 30, 2004 shall be considered to be an employee for so long | 10 | | as he or she remains continuously employed after that date by | 11 | | the Department of Central Management Services in a position | 12 | | with the Illinois Century Network, the Bureau of Communication | 13 | | and Computer Services, or, if applicable, any successor bureau
| 14 | | and meets the requirements of subsection (a).
| 15 | | (k) In the case of doubt as to whether any person is an | 16 | | employee within the meaning of this Section, the decision of | 17 | | the Board shall be final. | 18 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 19 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 20 | | Sec. 16-106. Teacher. "Teacher": The following | 21 | | individuals, provided
that, for employment prior to July 1, | 22 | | 1990, they are employed on a
full-time basis, or if not | 23 | | full-time, on a permanent and continuous basis
in a position in | 24 | | which services are expected to be rendered for at least
one | 25 | | school term:
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| 1 | | (1) Any educational, administrative, professional or | 2 | | other staff employed
in the public common schools included | 3 | | within this system in a position
requiring certification | 4 | | under the law governing the certification of
teachers;
| 5 | | (2) Any educational, administrative, professional or | 6 | | other staff employed
in any facility of the Department of | 7 | | Children and Family Services or the
Department of Human | 8 | | Services, in a position requiring certification under
the | 9 | | law governing the certification of teachers, and any person | 10 | | who (i)
works in such a position for the Department of | 11 | | Corrections, (ii) was a member
of this System on May 31, | 12 | | 1987, and (iii) did not elect to become a member of
the | 13 | | State Employees' Retirement System pursuant to Section | 14 | | 14-108.2 of this
Code; except that "teacher" does not | 15 | | include any person who (A) becomes
a security employee of | 16 | | the Department of Human Services, as defined in
Section | 17 | | 14-110, after June 28, 2001 (the effective date of Public | 18 | | Act
92-14), or (B) becomes a member of the State Employees'
| 19 | | Retirement System pursuant to Section 14-108.2c of this | 20 | | Code;
| 21 | | (3) Any regional superintendent of schools, assistant | 22 | | regional
superintendent of schools, State Superintendent | 23 | | of Education; any person
employed by the State Board of | 24 | | Education as an executive; any executive of
the boards | 25 | | engaged in the service of public common school education in
| 26 | | school districts covered under this system of which the |
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| 1 | | State
Superintendent of Education is an ex-officio member;
| 2 | | (4) Any employee of a school board association | 3 | | operating in compliance
with Article 23 of the School Code | 4 | | who is certificated under the law
governing the | 5 | | certification of teachers , provided that he or she becomes | 6 | | such an employee before the effective date of this | 7 | | amendatory Act of the 98th General Assembly ;
| 8 | | (5) Any person employed by the retirement system
who:
| 9 | | (i) was an employee of and a participant in the | 10 | | system on August 17,
2001 (the effective date of Public | 11 | | Act 92-416), or
| 12 | | (ii) becomes an employee of the system on or after | 13 | | August 17, 2001;
| 14 | | (6) Any educational, administrative, professional or | 15 | | other staff
employed by and under the supervision and | 16 | | control of a regional
superintendent of schools, provided | 17 | | such employment position requires the
person to be | 18 | | certificated under the law governing the certification of
| 19 | | teachers and is in an educational program serving 2 or more | 20 | | districts in
accordance with a joint agreement authorized | 21 | | by the School Code or by federal
legislation;
| 22 | | (7) Any educational, administrative, professional or | 23 | | other staff employed
in an educational program serving 2 or | 24 | | more school districts in accordance
with a joint agreement | 25 | | authorized by the School Code or by federal
legislation and | 26 | | in a position requiring certification under the laws
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| 1 | | governing the certification of teachers;
| 2 | | (8) Any officer or employee of a statewide teacher | 3 | | organization or
officer of a national teacher organization | 4 | | who is certified under the law
governing certification of | 5 | | teachers, provided: (i) the individual had
previously | 6 | | established creditable service under this Article, (ii) | 7 | | the
individual files with the system an irrevocable | 8 | | election to become a member before the effective date of | 9 | | this amendatory Act of the 97th General Assembly,
(iii) the | 10 | | individual does not receive credit for such service under | 11 | | any
other Article of this Code, and (iv) the individual | 12 | | first became an officer or employee of the teacher | 13 | | organization and becomes a member before the effective date | 14 | | of this amendatory Act of the 97th General Assembly;
| 15 | | (9) Any educational, administrative, professional, or | 16 | | other staff
employed in a charter school operating in | 17 | | compliance with the Charter
Schools Law who is certificated | 18 | | under the law governing the certification
of teachers ; .
| 19 | | (10) Any person employed, on the effective date of this | 20 | | amendatory Act of the 94th General Assembly, by the | 21 | | Macon-Piatt Regional Office of Education in a | 22 | | birth-through-age-three pilot program receiving funds | 23 | | under Section 2-389 of the School Code who is required by | 24 | | the Macon-Piatt Regional Office of Education to hold a | 25 | | teaching certificate, provided that the Macon-Piatt | 26 | | Regional Office of Education makes an election, within 6 |
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| 1 | | months after the effective date of this amendatory Act of | 2 | | the 94th General Assembly, to have the person participate | 3 | | in the system. Any service established prior to the | 4 | | effective date of this amendatory Act of the 94th General | 5 | | Assembly for service as an employee of the Macon-Piatt | 6 | | Regional Office of Education in a birth-through-age-three | 7 | | pilot program receiving funds under Section 2-389 of the | 8 | | School Code shall be considered service as a teacher if | 9 | | employee and employer contributions have been received by | 10 | | the system and the system has not refunded those | 11 | | contributions.
| 12 | | An annuitant receiving a retirement annuity under this | 13 | | Article or under
Article 17 of this Code who is employed by a | 14 | | board of education
or other employer as permitted under Section | 15 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 16 | | Article. A person who
has received a single-sum retirement | 17 | | benefit under Section 16-136.4 of this
Article is not a | 18 | | "teacher" for purposes of this Article.
| 19 | | (Source: P.A. 97-651, eff. 1-5-12; revised 8-3-12.)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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