Full Text of HB5472 102nd General Assembly
HB5472 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5472 Introduced 1/31/2022, by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/16-118 | from Ch. 108 1/2, par. 16-118 | 40 ILCS 5/17-149 | from Ch. 108 1/2, par. 17-149 |
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Amends the Illinois Pension Code. In the Downstate Teacher Article, provides that beginning July 1, 2021 through June 30, 2022, to assist with addressing the substitute teacher shortage that has been exacerbated by the ongoing COVID-19 global pandemic and public health emergency, an annuitant may accept employment as a teacher without impairing his or her retirement status if that employment is not within the school year during which service was terminated and does not exceed 140 paid days (rather than 120 paid days) or 700 paid hours (rather than 600 paid hours) in each school year, but not more than 100 paid days in the same classroom. In the Chicago Teacher Article, provides that the service retirement pension shall not be cancelled in the
case of a service retirement pensioner who is re-employed as a
teacher or administrator (rather than a teacher) on a temporary and non-annual basis
or on an hourly basis, so long as the person (1) does not work
as a teacher or administrator (rather than a teacher) for compensation on more than
120 days in a school year or (2) in the case of a person who retires with
at least 5 years of service as a principal or administrator,
does not work as a teacher or administrator for compensation
on more than 140 days in a school year. Removes a limitation on the amount of gross compensation a service retirement pensioner may receive for such re-employment without having the service retirement pension cancelled. Effective immediately.
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| | A BILL FOR |
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| | | HB5472 | | LRB102 26096 RPS 35576 b |
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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 | 5 | | changing Sections 16-118 and 17-149 as follows:
| 6 | | (40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
| 7 | | Sec. 16-118. Retirement. "Retirement": Entry upon a | 8 | | retirement annuity
or receipt of a single-sum retirement | 9 | | benefit granted under this Article
after termination of active | 10 | | service as a teacher.
| 11 | | (a) An annuitant receiving a retirement annuity other than | 12 | | a disability
retirement annuity may accept employment as a | 13 | | teacher from a school board
or other employer specified in | 14 | | Section 16-106 without impairing retirement
status, if that | 15 | | employment: | 16 | | (1) is not within the school year during which
service | 17 | | was terminated; and | 18 | | (2) does not exceed the following: | 19 | | (i) before July 1, 2001, 100 paid days or 500 paid
| 20 | | hours in any school year; | 21 | | (ii) during the period beginning July 1, 2001 | 22 | | through
June 30, 2011, 120 paid days or 600 paid hours | 23 | | in each school year; |
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| 1 | | (iii) during the period beginning July 1, 2011 | 2 | | through
June 30, 2018, 100 paid days or 500 paid hours | 3 | | in each school year; | 4 | | (iv) beginning July 1, 2018 through June 30, 2021 | 5 | | 2023 , 120 paid days or 600 paid hours in each school | 6 | | year, but not more than 100 paid days in the same | 7 | | classroom; and | 8 | | (v) beginning July 1, 2021 through June 30, 2022, | 9 | | to assist with addressing the substitute teacher | 10 | | shortage that has been exacerbated by the ongoing | 11 | | COVID-19 global pandemic and public health emergency, | 12 | | 140 paid days or 700 paid hours in each school year, | 13 | | but not more than 100 paid days in the same classroom; | 14 | | (vi) beginning July 1, 2022 through June 30, 2023, | 15 | | 120 paid days or 600 paid hours in each school year, | 16 | | but not more than 100 paid days in the same classroom; | 17 | | and | 18 | | (vii) (v) beginning July 1, 2023, 100 paid days or | 19 | | 500 paid hours in each school year. | 20 | | Where
such permitted employment is partly on a daily and | 21 | | partly on an hourly basis,
a day shall be considered as 5 | 22 | | hours.
| 23 | | (b) Subsection (a) does not apply to an annuitant who | 24 | | returns to teaching
under the program established in Section | 25 | | 16-150.1, for the duration of his or
her participation in that | 26 | | program.
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| 1 | | (Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21.)
| 2 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
| 3 | | Sec. 17-149. Cancellation of pensions.
| 4 | | (a) If any person receiving a disability retirement
| 5 | | pension from the Fund is re-employed as a teacher by an | 6 | | Employer, the pension
shall be cancelled on the date the | 7 | | re-employment begins, or on the first day of
a payroll period | 8 | | for which service credit was validated, whichever is earlier.
| 9 | | (b) If any person receiving a service retirement pension | 10 | | from the Fund
is re-employed as a teacher on a permanent or | 11 | | annual basis by an Employer,
the pension shall be cancelled on | 12 | | the date the re-employment begins, or on
the first day of a | 13 | | payroll period for which service credit was validated,
| 14 | | whichever is earlier. However, subject to the limitations and | 15 | | requirements of subsection (c-5), the pension shall not be | 16 | | cancelled
in the case of a service retirement pensioner who is
| 17 | | re-employed on a temporary and non-annual basis or on an | 18 | | hourly basis.
| 19 | | (c) If the date of re-employment on a permanent or annual | 20 | | basis
occurs within 5 school months after the date of previous | 21 | | retirement, exclusive
of any vacation period, the member shall | 22 | | be deemed to have been out of service
only temporarily and not | 23 | | permanently retired. Such person shall be entitled
to pension | 24 | | payments for the time he could have been employed as a teacher | 25 | | and
received salary, but shall not be entitled to pension for |
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| 1 | | or during the summer
vacation prior to his return to service.
| 2 | | When the member again retires on pension, the time of | 3 | | service and the
money contributed by him during re-employment | 4 | | shall be added to the time
and money previously credited. Such | 5 | | person must acquire 3 consecutive years
of additional | 6 | | contributing service before he may retire again on a pension
| 7 | | at a rate and under conditions other than those in force or | 8 | | attained at the
time of his previous retirement.
| 9 | | (c-5) For school years beginning on or after July 1, 2019, | 10 | | the service retirement pension shall not be cancelled in the | 11 | | case of a service retirement pensioner who is re-employed as a | 12 | | teacher or administrator on a temporary and non-annual basis | 13 | | or on an hourly basis, so long as the person (1) does not work | 14 | | as a teacher or administrator for compensation on more than | 15 | | 120 days in a school year or (2) does not accept gross | 16 | | compensation for the re-employment in a school year in excess | 17 | | of (i) $30,000 or (ii) in the case of a person who retires with | 18 | | at least 5 years of service as a principal or administrator, | 19 | | does not work as a teacher or administrator for compensation | 20 | | on more than 140 days in a school year , an amount that is equal | 21 | | to the daily rate normally paid to retired principals | 22 | | multiplied by 100. These limitations apply only to school | 23 | | years that begin on or after July 1, 2019 . Such re-employment | 24 | | does not require contributions, result in service credit, or | 25 | | constitute active membership in the Fund. | 26 | | The service retirement pension shall not be cancelled
in |
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| 1 | | the case of a service retirement pensioner who is
re-employed | 2 | | as a teacher on a temporary and non-annual basis or on an | 3 | | hourly basis, so long as the person (1) does not work as a | 4 | | teacher for compensation on more than 100 days in a school year | 5 | | or (2) does not accept gross compensation for the | 6 | | re-employment in a school year in excess of (i) $30,000 or (ii) | 7 | | in the case of a person who retires with at least 5 years of | 8 | | service as a principal, an amount that is equal to the daily | 9 | | rate normally paid to retired principals multiplied by 100. | 10 | | These limitations apply only to school years that begin on or | 11 | | after August 8, 2012 (the effective date of Public Act 97-912) | 12 | | and before July 1, 2019. Such re-employment does not require | 13 | | contributions, result in service credit, or constitute active | 14 | | membership in the Fund. | 15 | | Notwithstanding the 120-day limit set forth in item (1) of | 16 | | this subsection (c-5), the service retirement pension shall | 17 | | not be cancelled in the case of a service retirement pensioner | 18 | | who teaches only driver education courses after regular school | 19 | | hours and does not teach any other subject area, so long as the | 20 | | person does not work as a teacher for compensation for more | 21 | | than 900 hours in a school year. The $30,000 limit set forth in | 22 | | subitem (i) of item (2) of this subsection (c-5) shall apply to | 23 | | a service retirement pensioner who teaches only driver | 24 | | education courses after regular school hours and does not | 25 | | teach any other subject area. | 26 | | To be eligible for such re-employment without cancellation |
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| 1 | | of pension, the pensioner must notify the Fund and the Board of | 2 | | Education of his or her intention to accept re-employment | 3 | | under this subsection (c-5) before beginning that | 4 | | re-employment (or if the re-employment began before the | 5 | | effective date of this amendatory Act, then within 30 days | 6 | | after that effective date). | 7 | | An Employer must certify to the Fund the temporary and | 8 | | non-annual or hourly status and the compensation of each | 9 | | pensioner re-employed under this subsection at least | 10 | | quarterly, and when the pensioner is approaching the earnings | 11 | | limitation under this subsection. | 12 | | If the pensioner works more than 100 days or accepts | 13 | | excess gross compensation for such re-employment in any school | 14 | | year that begins on or after August 8, 2012 (the effective date | 15 | | of Public Act 97-912), the service retirement pension shall | 16 | | thereupon be cancelled. | 17 | | If the pensioner who only teaches drivers education | 18 | | courses after regular school hours works more than 900 hours | 19 | | or accepts excess gross compensation for such re-employment in | 20 | | any school year that begins on or after the effective date of | 21 | | this amendatory Act of the 99th General Assembly, the service | 22 | | retirement pension shall thereupon be cancelled. | 23 | | If the pensioner works more than 120 days or accepts | 24 | | excess gross compensation for such re-employment in any school | 25 | | year that begins on or after July 1, 2019, the service | 26 | | retirement pension shall thereupon be cancelled. |
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| 1 | | The Board of the Fund shall adopt rules for the | 2 | | implementation and administration of this subsection. | 3 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the | 4 | | changes to this
Section made by Public Act 90-32
apply without | 5 | | regard to whether termination of service occurred before the
| 6 | | effective date of that Act and apply
retroactively to August | 7 | | 23, 1989.
| 8 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 9 | | to this Section
and Section 17-106 made by Public Act 92-599
| 10 | | apply without regard to whether termination of service | 11 | | occurred before the
effective date of that Act.
| 12 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 13 | | to this Section
made by this amendatory Act of the 97th General | 14 | | Assembly
apply without regard to whether termination of | 15 | | service occurred before the
effective date of this amendatory | 16 | | Act. | 17 | | (Source: P.A. 101-340, eff. 8-9-19.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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