Illinois General Assembly - Full Text of SB2838
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Full Text of SB2838  100th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by changing
5Section 16-106, 16-106.3, and 16-127 as follows:
6    (40 ILCS 5/16-106)  (from Ch. 108 1/2, par. 16-106)
7    Sec. 16-106. Teacher. "Teacher": The following
8individuals, provided that, for employment prior to July 1,
91990, they are employed on a full-time basis, or if not
10full-time, on a permanent and continuous basis in a position in
11which services are expected to be rendered for at least one
12school 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        (4) Any employee of a school board association
18    operating in compliance with Article 23 of the School Code
19    who is certificated under the law governing the
20    certification of teachers, provided that he or she becomes
21    such an employee before the effective date of this
22    amendatory Act of the 99th General Assembly;
23        (5) Any person employed by the retirement system who:
24            (i) was an employee of and a participant in the
25        system on August 17, 2001 (the effective date of Public
26        Act 92-416), or



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1            (ii) becomes an employee of the system on or after
2        August 17, 2001;
3        (6) Any educational, administrative, professional or
4    other staff employed by and under the supervision and
5    control of a regional superintendent of schools, provided
6    such employment position requires the person to be
7    certificated under the law governing the certification of
8    teachers and is in an educational program serving 2 or more
9    districts in accordance with a joint agreement authorized
10    by the School Code or by federal legislation;
11        (7) Any educational, administrative, professional or
12    other staff employed in an educational program serving 2 or
13    more school districts in accordance with a joint agreement
14    authorized by the School Code or by federal legislation and
15    in a position requiring certification under the laws
16    governing the certification of teachers;
17        (8) Any officer or employee of a statewide teacher
18    organization or officer of a national teacher organization
19    who is certified under the law governing certification of
20    teachers, provided: (i) the individual had previously
21    established creditable service under this Article, (ii)
22    the individual files with the system an irrevocable
23    election to become a member before the effective date of
24    this amendatory Act of the 97th General Assembly, (iii) the
25    individual does not receive credit for such service under
26    any other Article of this Code, and (iv) the individual



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1    first became an officer or employee of the teacher
2    organization and becomes a member before the effective date
3    of this amendatory Act of 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 the effective date of this
9    amendatory Act of the 94th General Assembly, by the
10    Macon-Piatt Regional Office of Education in a
11    birth-through-age-three pilot program receiving funds
12    under Section 2-389 of the School Code who is required by
13    the Macon-Piatt Regional Office of Education to hold a
14    teaching certificate, provided that the Macon-Piatt
15    Regional Office of Education makes an election, within 6
16    months after the effective date of this amendatory Act of
17    the 94th General Assembly, to have the person participate
18    in the system. Any service established prior to the
19    effective date of this amendatory Act of the 94th General
20    Assembly for service as an employee of the Macon-Piatt
21    Regional Office of Education in a birth-through-age-three
22    pilot program receiving funds under Section 2-389 of the
23    School Code shall be considered service as a teacher if
24    employee and employer contributions have been received by
25    the system and the system has not refunded those
26    contributions.



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1    An annuitant receiving a retirement annuity under this
2Article or under Article 17 of this Code who is employed by a
3board of education or other employer as permitted under Section
416-118 or 16-150.1 is not a "teacher" for purposes of this
5Article. A person who has received a single-sum retirement
6benefit under Section 16-136.4 of this Article is not a
7"teacher" for purposes of this Article. For purposes of this
8Article, "teacher" does not include a person employed by an
9entity that provides substitute teaching services under
10Section 2-3.173 of the School Code and is not a school
12(Source: P.A. 98-463, eff. 8-16-13; 99-830, eff. 1-1-17.)
13    (40 ILCS 5/16-106.3)  (from Ch. 108 1/2, par. 16-106.3)
14    Sec. 16-106.3. Substitute teacher. "Substitute teacher":
15Any teacher employed on a temporary basis to replace another
16teacher. "Substitute teacher" does not include an individual
17employed by an entity that provides substitute teaching
18services under Section 2-3.173 of the School Code and is not a
19school district.
20(Source: P.A. 86-273.)
21    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
22    (Text of Section WITHOUT the changes made by P.A. 98-599,
23which has been held unconstitutional)
24    Sec. 16-127. Computation of creditable service.



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1    (a) Each member shall receive regular credit for all
2service as a teacher from the date membership begins, for which
3satisfactory evidence is supplied and all contributions have
4been paid.
5    (b) The following periods of service shall earn optional
6credit and each member shall receive credit for all such
7service for which satisfactory evidence is supplied and all
8contributions have been paid as of the date specified:
9        (1) Prior service as a teacher.
10        (2) Service in a capacity essentially similar or
11    equivalent to that of a teacher, in the public common
12    schools in school districts in this State not included
13    within the provisions of this System, or of any other
14    State, territory, dependency or possession of the United
15    States, or in schools operated by or under the auspices of
16    the United States, or under the auspices of any agency or
17    department of any other State, and service during any
18    period of professional speech correction or special
19    education experience for a public agency within this State
20    or any other State, territory, dependency or possession of
21    the United States, and service prior to February 1, 1951 as
22    a recreation worker for the Illinois Department of Public
23    Safety, for a period not exceeding the lesser of 2/5 of the
24    total creditable service of the member or 10 years. The
25    maximum service of 10 years which is allowable under this
26    paragraph shall be reduced by the service credit which is



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1    validated by other retirement systems under paragraph (i)
2    of Section 15-113 and paragraph 1 of Section 17-133. Credit
3    granted under this paragraph may not be used in
4    determination of a retirement annuity or disability
5    benefits unless the member has at least 5 years of
6    creditable service earned subsequent to this employment
7    with one or more of the following systems: Teachers'
8    Retirement System of the State of Illinois, State
9    Universities Retirement System, and the Public School
10    Teachers' Pension and Retirement Fund of Chicago. Whenever
11    such service credit exceeds the maximum allowed for all
12    purposes of this Article, the first service rendered in
13    point of time shall be considered. The changes to this
14    subdivision (b)(2) made by Public Act 86-272 shall apply
15    not only to persons who on or after its effective date
16    (August 23, 1989) are in service as a teacher under the
17    System, but also to persons whose status as such a teacher
18    terminated prior to such effective date, whether or not
19    such person is an annuitant on that date.
20        (3) Any periods immediately following teaching
21    service, under this System or under Article 17, (or
22    immediately following service prior to February 1, 1951 as
23    a recreation worker for the Illinois Department of Public
24    Safety) spent in active service with the military forces of
25    the United States; periods spent in educational programs
26    that prepare for return to teaching sponsored by the



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1    federal government following such active military service;
2    if a teacher returns to teaching service within one
3    calendar year after discharge or after the completion of
4    the educational program, a further period, not exceeding
5    one calendar year, between time spent in military service
6    or in such educational programs and the return to
7    employment as a teacher under this System; and a period of
8    up to 2 years of active military service not immediately
9    following employment as a teacher.
10        The changes to this Section and Section 16-128 relating
11    to military service made by P.A. 87-794 shall apply not
12    only to persons who on or after its effective date are in
13    service as a teacher under the System, but also to persons
14    whose status as a teacher terminated prior to that date,
15    whether or not the person is an annuitant on that date. In
16    the case of an annuitant who applies for credit allowable
17    under this Section for a period of military service that
18    did not immediately follow employment, and who has made the
19    required contributions for such credit, the annuity shall
20    be recalculated to include the additional service credit,
21    with the increase taking effect on the date the System
22    received written notification of the annuitant's intent to
23    purchase the credit, if payment of all the required
24    contributions is made within 60 days of such notice, or
25    else on the first annuity payment date following the date
26    of payment of the required contributions. In calculating



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1    the automatic annual increase for an annuity that has been
2    recalculated under this Section, the increase attributable
3    to the additional service allowable under P.A. 87-794 shall
4    be included in the calculation of automatic annual
5    increases accruing after the effective date of the
6    recalculation.
7        Credit for military service shall be determined as
8    follows: if entry occurs during the months of July, August,
9    or September and the member was a teacher at the end of the
10    immediately preceding school term, credit shall be granted
11    from July 1 of the year in which he or she entered service;
12    if entry occurs during the school term and the teacher was
13    in teaching service at the beginning of the school term,
14    credit shall be granted from July 1 of such year. In all
15    other cases where credit for military service is allowed,
16    credit shall be granted from the date of entry into the
17    service.
18        The total period of military service for which credit
19    is granted shall not exceed 5 years for any member unless
20    the service: (A) is validated before July 1, 1964, and (B)
21    does not extend beyond July 1, 1963. Credit for military
22    service shall be granted under this Section only if not
23    more than 5 years of the military service for which credit
24    is granted under this Section is used by the member to
25    qualify for a military retirement allotment from any branch
26    of the armed forces of the United States. The changes to



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1    this subdivision (b)(3) made by Public Act 86-272 shall
2    apply not only to persons who on or after its effective
3    date (August 23, 1989) are in service as a teacher under
4    the System, but also to persons whose status as such a
5    teacher terminated prior to such effective date, whether or
6    not such person is an annuitant on that date.
7        (4) Any periods served as a member of the General
8    Assembly.
9        (5)(i) Any periods for which a teacher, as defined in
10    Section 16-106, is granted a leave of absence, provided he
11    or she returns to teaching service creditable under this
12    System or the State Universities Retirement System
13    following the leave; (ii) periods during which a teacher is
14    involuntarily laid off from teaching, provided he or she
15    returns to teaching following the lay-off; (iii) periods
16    prior to July 1, 1983 during which a teacher ceased covered
17    employment due to pregnancy, provided that the teacher
18    returned to teaching service creditable under this System
19    or the State Universities Retirement System following the
20    pregnancy and submits evidence satisfactory to the Board
21    documenting that the employment ceased due to pregnancy;
22    and (iv) periods prior to July 1, 1983 during which a
23    teacher ceased covered employment for the purpose of
24    adopting an infant under 3 years of age or caring for a
25    newly adopted infant under 3 years of age, provided that
26    the teacher returned to teaching service creditable under



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1    this System or the State Universities Retirement System
2    following the adoption and submits evidence satisfactory
3    to the Board documenting that the employment ceased for the
4    purpose of adopting an infant under 3 years of age or
5    caring for a newly adopted infant under 3 years of age.
6    However, total credit under this paragraph (5) may not
7    exceed 3 years.
8        Any qualified member or annuitant may apply for credit
9    under item (iii) or (iv) of this paragraph (5) without
10    regard to whether service was terminated before the
11    effective date of this amendatory Act of 1997. In the case
12    of an annuitant who establishes credit under item (iii) or
13    (iv), the annuity shall be recalculated to include the
14    additional service credit. The increase in annuity shall
15    take effect on the date the System receives written
16    notification of the annuitant's intent to purchase the
17    credit, if the required evidence is submitted and the
18    required contribution paid within 60 days of that
19    notification, otherwise on the first annuity payment date
20    following the System's receipt of the required evidence and
21    contribution. The increase in an annuity recalculated
22    under this provision shall be included in the calculation
23    of automatic annual increases in the annuity accruing after
24    the effective date of the recalculation.
25        Optional credit may be purchased under this subsection
26    (b)(5) for periods during which a teacher has been granted



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1    a leave of absence pursuant to Section 24-13 of the School
2    Code. A teacher whose service under this Article terminated
3    prior to the effective date of P.A. 86-1488 shall be
4    eligible to purchase such optional credit. If a teacher who
5    purchases this optional credit is already receiving a
6    retirement annuity under this Article, the annuity shall be
7    recalculated as if the annuitant had applied for the leave
8    of absence credit at the time of retirement. The difference
9    between the entitled annuity and the actual annuity shall
10    be credited to the purchase of the optional credit. The
11    remainder of the purchase cost of the optional credit shall
12    be paid on or before April 1, 1992.
13        The change in this paragraph made by Public Act 86-273
14    shall be applicable to teachers who retire after June 1,
15    1989, as well as to teachers who are in service on that
16    date.
17        (6) Any days of unused and uncompensated accumulated
18    sick leave earned by a teacher. The service credit granted
19    under this paragraph shall be the ratio of the number of
20    unused and uncompensated accumulated sick leave days to 170
21    days, subject to a maximum of 2 years of service credit.
22    Prior to the member's retirement, each former employer
23    shall certify to the System the number of unused and
24    uncompensated accumulated sick leave days credited to the
25    member at the time of termination of service. The period of
26    unused sick leave shall not be considered in determining



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1    the effective date of retirement. A member is not required
2    to make contributions in order to obtain service credit for
3    unused sick leave.
4        Credit for sick leave shall, at retirement, be granted
5    by the System for any retiring regional or assistant
6    regional superintendent of schools at the rate of 6 days
7    per year of creditable service or portion thereof
8    established while serving as such superintendent or
9    assistant superintendent.
10        (7) Periods prior to February 1, 1987 served as an
11    employee of the Illinois Mathematics and Science Academy
12    for which credit has not been terminated under Section
13    15-113.9 of this Code.
14        (8) Service as a substitute teacher for work performed
15    prior to July 1, 1990.
16        (9) Service as a part-time teacher for work performed
17    prior to July 1, 1990.
18        (10) Up to 2 years of employment with Southern Illinois
19    University - Carbondale from September 1, 1959 to August
20    31, 1961, or with Governors State University from September
21    1, 1972 to August 31, 1974, for which the teacher has no
22    credit under Article 15. To receive credit under this item
23    (10), a teacher must apply in writing to the Board and pay
24    the required contributions before May 1, 1993 and have at
25    least 12 years of service credit under this Article.
26    (b-1) A member may establish optional credit for up to 2



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1years of service as a teacher or administrator employed by a
2private school recognized by the Illinois State Board of
3Education, provided that the teacher (i) was certified under
4the law governing the certification of teachers at the time the
5service was rendered, (ii) applies in writing on or after
6August 1, 2009 and on or before August 1, 2012, (iii) supplies
7satisfactory evidence of the employment, (iv) completes at
8least 10 years of contributing service as a teacher as defined
9in Section 16-106, and (v) pays the contribution required in
10subsection (d-5) of Section 16-128. The member may apply for
11credit under this subsection and pay the required contribution
12before completing the 10 years of contributing service required
13under item (iv), but the credit may not be used until the item
14(iv) contributing service requirement has been met.
15    (c) The service credits specified in this Section shall be
16granted only if: (1) such service credits are not used for
17credit in any other statutory tax-supported public employee
18retirement system other than the federal Social Security
19program; and (2) the member makes the required contributions as
20specified in Section 16-128. Except as provided in subsection
21(b-1) of this Section, the service credit shall be effective as
22of the date the required contributions are completed.
23    Any service credits granted under this Section shall
24terminate upon cessation of membership for any cause.
25    Credit may not be granted under this Section covering any
26period for which an age retirement or disability retirement



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1allowance has been paid.
2    Credit may not be granted under this Section for service as
3an employee of an entity that provides substitute teaching
4services under Section 2-3.173 of the School Code and is not a
5school district.
6(Source: P.A. 96-546, eff. 8-17-09.)
7    Section 10. The School Code is amended by adding Section
82-3.173 as follows:
9    (105 ILCS 5/2-3.173 new)
10    Sec. 2-3.173. Substitute teachers; recruiting firms.
11    (a) In this Section, "recruiting firm" means a company with
12expertise in finding qualified applicants for positions and
13screening those potential workers for an employer.
14    (b) By January 1, 2019, the State Board of Education shall
15implement a program and adopt rules to allow school districts
16to supplement their substitute teacher recruitment for
17elementary and secondary schools with the use of recruiting
18firms, subject to the other provisions of this Section. To
19qualify for the program, a school district shall demonstrate to
20the State Board that, because of the severity of its substitute
21teacher shortage, it is unable to find an adequate amount of
22substitute or retired teachers and has exhausted all other
23efforts. Substitute teachers provided by a recruiting firm must
24adhere to all mandated State laws, rules, and screening



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1requirements for substitute teachers not provided by a
2recruiting firm and must be paid on the same wage scale as
3substitute teachers not provided by a recruiting firm. This
4Section shall not be construed to require school districts to
5use recruiting firms for substitute teachers. A school district
6may not use a recruiting firm under this Section to circumvent
7any collective bargaining agreements or State laws, rules, or
8screening requirements for teachers. A school district may not
9reduce the number of full-time staff members of a department as
10a result of hiring a substitute teacher recruiting firm. In the
11event of a teacher's strike, a school district may not use a
12recruiting firm to hire a substitute teacher.
13    (c) A school district organized under Article 34 of this
14Code may contract with a substitute teacher recruiting firm
15under this Section only if the district meets the following
17        (1) certifies to the State Board of Education that it
18    has adequate funds to fill and pay for all substitute
19    teacher positions;
20        (2) prioritizes existing substitute teachers over
21    substitute teachers from recruiting firms;
22        (3) files copies of all substitute teacher contracts
23    with the State Board of Education; and
24        (4) requires that the substitute teacher recruiting
25    firm file an annual report with the school district that
26    would include the number of substitute teachers that were



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1    placed in the district, the total cost of the contract to
2    the district, and the percentage of substitute teacher
3    openings that were filled.
4    (d) A substitute teacher recruiting firm may enter into an
5agreement with a labor organization that has a collective
6bargaining agreement with a school district.
7    Section 99. Effective date. This Act takes effect upon
8becoming law.