Full Text of HB3213 101st General Assembly
HB3213enr 101ST GENERAL ASSEMBLY |
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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 16-106 and 16-155 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 | | (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 | 2 | | Article or under
Article 17 of this Code who is employed by a | 3 | | board of education
or other employer as permitted under Section | 4 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 5 | | Article. A person who
has received a single-sum retirement | 6 | | benefit under Section 16-136.4 of this
Article is not a | 7 | | "teacher" for purposes of this Article. For purposes of this | 8 | | Article, "teacher" does not include a person employed by an | 9 | | entity that provides substitute teaching services under | 10 | | Section 2-3.173 of the School Code and is not a school | 11 | | district.
| 12 | | (Source: P.A. 99-830, eff. 1-1-17; 100-813, eff. 8-13-18.)
| 13 | | (40 ILCS 5/16-155) (from Ch. 108 1/2, par. 16-155)
| 14 | | Sec. 16-155. Report to system and payment of deductions.
| 15 | | (a) The governing body of each school district shall make | 16 | | two deposits each
month. The deposit for member contributions | 17 | | for salary paid between the first
and the fifteenth of the | 18 | | month is due by the 25th of the month. The deposit of
member | 19 | | contributions for salary paid between the sixteenth and last | 20 | | day of the
month is due by the 10th of the following month. All | 21 | | required contributions
for salary earned during a school term | 22 | | are due by July 10 next following the
close of such school | 23 | | term.
| 24 | | The governing body of each State institution coming
under | 25 | | this retirement system, the State Comptroller or other State |
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| 1 | | officer
certifying payroll vouchers including payments of | 2 | | salary or wages to
teachers, and any other employer of | 3 | | teachers, shall, monthly, forward to
the secretary of the | 4 | | retirement system the member contributions required
under this | 5 | | Article.
| 6 | | Each employer specified above shall, prior to August 15 of | 7 | | each year,
forward to the System a detailed statement, verified | 8 | | in all cases of school
districts by the secretary or clerk of | 9 | | the district, of the amounts so
contributed since the period | 10 | | covered by the last previous annual statement,
together with | 11 | | required contributions not yet forwarded, such payments being
| 12 | | payable to the System.
| 13 | | The board may prescribe rules governing the form, content, | 14 | | investigation,
control, and supervision of such statements and | 15 | | may establish additional interim employer reporting | 16 | | requirements as the Board deems necessary. If no teacher in
a | 17 | | school district comes under the provisions of this Article, the
| 18 | | governing body of the district shall so state under the oath of | 19 | | its
secretary to this system, and shall at the same time | 20 | | forward a copy of
the statement to the regional superintendent | 21 | | of schools.
| 22 | | The board may also require reporting requirements that are | 23 | | different than those prescribed in this Section and may require | 24 | | different reporting requirements for different benefits or | 25 | | purposes established under this Article, including, but not | 26 | | limited to, any optional benefit plan an employee chooses to |
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| 1 | | participate in. | 2 | | (b) If the governing body of an employer that is not a | 3 | | State agency fails to forward such
required contributions | 4 | | within the time permitted in subsection (a) above,
the System | 5 | | shall notify the employer of an additional amount
due, equal to
| 6 | | the greater of the following: (1) an amount representing the | 7 | | interest lost
by the system due to late forwarding of | 8 | | contributions, calculated for the
number of days which the | 9 | | employer is late in forwarding
contributions at a rate of | 10 | | interest prescribed by the board, based on its
investment | 11 | | experience; or (2) $50 per day for each day that elapses from | 12 | | the due date until the day such report and employee | 13 | | contributions are received by the System .
| 14 | | (c) If the system, on August 15, is not in receipt of the | 15 | | detailed
statements required under this Section of any school | 16 | | district or other
employing unit, such school district or other | 17 | | employing unit shall pay to
the system an amount equal to $250 | 18 | | for each day that elapses from August
15, until the day such | 19 | | statement is filed with the system.
| 20 | | (Source: P.A. 99-450, eff. 8-24-15.)
| 21 | | Section 90. The State Mandates Act is amended by adding | 22 | | Section 8.43 as follows: | 23 | | (30 ILCS 805/8.43 new) | 24 | | Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8 |
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| 1 | | of this Act, no reimbursement by the State is required for the | 2 | | implementation of any mandate created by this amendatory Act of | 3 | | the 101st General Assembly.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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