Full Text of HB5472 102nd General Assembly
HB5472ham002 102ND GENERAL ASSEMBLY | Rep. Janet Yang Rohr Filed: 2/14/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5472
| 2 | | AMENDMENT NO. ______. Amend House Bill 5472 by replacing | 3 | | line 2 on page 3 through line 17 on page 7 with the following:
| 4 | | "(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
| 5 | | Sec. 17-149. Cancellation of pensions.
| 6 | | (a) If any person receiving a disability retirement
| 7 | | pension from the Fund is re-employed as a teacher by an | 8 | | Employer, the pension
shall be cancelled on the date the | 9 | | re-employment begins, or on the first day of
a payroll period | 10 | | for which service credit was validated, whichever is earlier.
| 11 | | (b) If any person receiving a service retirement pension | 12 | | from the Fund
is re-employed as a teacher on a permanent or | 13 | | annual basis by an Employer,
the pension shall be cancelled on | 14 | | the date the re-employment begins, or on
the first day of a | 15 | | payroll period for which service credit was validated,
| 16 | | whichever is earlier. However, subject to the limitations and | 17 | | requirements of subsections subsection (c-5), (c-6), and |
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| 1 | | (c-7), the pension shall not be cancelled
in the case of a | 2 | | service retirement pensioner who is
re-employed on a temporary | 3 | | and non-annual basis or on an hourly basis.
| 4 | | (c) If the date of re-employment on a permanent or annual | 5 | | basis
occurs within 5 school months after the date of previous | 6 | | retirement, exclusive
of any vacation period, the member shall | 7 | | be deemed to have been out of service
only temporarily and not | 8 | | permanently retired. Such person shall be entitled
to pension | 9 | | payments for the time he could have been employed as a teacher | 10 | | and
received salary, but shall not be entitled to pension for | 11 | | or during the summer
vacation prior to his return to service.
| 12 | | When the member again retires on pension, the time of | 13 | | service and the
money contributed by him during re-employment | 14 | | shall be added to the time
and money previously credited. Such | 15 | | person must acquire 3 consecutive years
of additional | 16 | | contributing service before he may retire again on a pension
| 17 | | at a rate and under conditions other than those in force or | 18 | | attained at the
time of his previous retirement.
| 19 | | (c-5) For school years beginning on or after July 1, 2019 | 20 | | and before July 1, 2022 , the service retirement pension shall | 21 | | not be cancelled in the case of a service retirement pensioner | 22 | | who is re-employed as a teacher on a temporary and non-annual | 23 | | basis or on an hourly basis, so long as the person (1) does not | 24 | | work as a teacher for compensation on more than 120 days in a | 25 | | school year or (2) does not accept gross compensation for the | 26 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
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| 1 | | in the case of a person who retires with at least 5 years of | 2 | | service as a principal, an amount that is equal to the daily | 3 | | rate normally paid to retired principals multiplied by 100. | 4 | | These limitations apply only to school years that begin on or | 5 | | after July 1, 2019 and before July 1, 2022 . Such re-employment | 6 | | does not require contributions, result in service credit, or | 7 | | constitute active membership in the Fund. | 8 | | The service retirement pension shall not be cancelled
in | 9 | | the case of a service retirement pensioner who is
re-employed | 10 | | as a teacher on a temporary and non-annual basis or on an | 11 | | hourly basis, so long as the person (1) does not work as a | 12 | | teacher for compensation on more than 100 days in a school year | 13 | | or (2) does not accept gross compensation for the | 14 | | re-employment in a school year in excess of (i) $30,000 or (ii) | 15 | | in the case of a person who retires with at least 5 years of | 16 | | service as a principal, an amount that is equal to the daily | 17 | | rate normally paid to retired principals multiplied by 100. | 18 | | These limitations apply only to school years that begin on or | 19 | | after August 8, 2012 (the effective date of Public Act 97-912) | 20 | | and before July 1, 2019. Such re-employment does not require | 21 | | contributions, result in service credit, or constitute active | 22 | | membership in the Fund. | 23 | | Notwithstanding the 120-day limit set forth in item (1) of | 24 | | this subsection (c-5), the service retirement pension shall | 25 | | not be cancelled in the case of a service retirement pensioner | 26 | | who teaches only driver education courses after regular school |
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| 1 | | hours and does not teach any other subject area, so long as the | 2 | | person does not work as a teacher for compensation for more | 3 | | than 900 hours in a school year. The $30,000 limit set forth in | 4 | | subitem (i) of item (2) of this subsection (c-5) shall apply to | 5 | | a service retirement pensioner who teaches only driver | 6 | | education courses after regular school hours and does not | 7 | | teach any other subject area. | 8 | | To be eligible for such re-employment without cancellation | 9 | | of pension, the pensioner must notify the Fund and the Board of | 10 | | Education of his or her intention to accept re-employment | 11 | | under this subsection (c-5) before beginning that | 12 | | re-employment (or if the re-employment began before the | 13 | | effective date of this amendatory Act, then within 30 days | 14 | | after that effective date). | 15 | | An Employer must certify to the Fund the temporary and | 16 | | non-annual or hourly status and the compensation of each | 17 | | pensioner re-employed under this subsection at least | 18 | | quarterly, and when the pensioner is approaching the earnings | 19 | | limitation under this subsection. | 20 | | If the pensioner works more than 100 days or accepts | 21 | | excess gross compensation for such re-employment in any school | 22 | | year that begins on or after August 8, 2012 (the effective date | 23 | | of Public Act 97-912), the service retirement pension shall | 24 | | thereupon be cancelled. | 25 | | If the pensioner who only teaches drivers education | 26 | | courses after regular school hours works more than 900 hours |
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| 1 | | or accepts excess gross compensation for such re-employment in | 2 | | any school year that begins on or after the effective date of | 3 | | this amendatory Act of the 99th General Assembly, the service | 4 | | retirement pension shall thereupon be cancelled. | 5 | | If the pensioner works more than 120 days or accepts | 6 | | excess gross compensation for such re-employment in any school | 7 | | year that begins on or after July 1, 2019, the service | 8 | | retirement pension shall thereupon be cancelled. | 9 | | The Board of the Fund shall adopt rules for the | 10 | | implementation and administration of this subsection. | 11 | | (c-6) For school years beginning on or after July 1, 2022 | 12 | | and before July 1, 2024, the service retirement pension shall | 13 | | not be cancelled in the case of a service retirement pensioner | 14 | | who is re-employed as a teacher or an administrator on a | 15 | | temporary and non-annual basis or on an hourly basis, so long | 16 | | as the person does not work as a teacher or an administrator | 17 | | for compensation on more than 140 days in a school year. Such | 18 | | re-employment does not require contributions, result in | 19 | | service credit, or constitute active membership in the Fund. | 20 | | (c-7) For school years beginning on or after July 1, 2024, | 21 | | the service retirement pension shall not be cancelled in the | 22 | | case of a service retirement pensioner who is re-employed as a | 23 | | teacher or an administrator on a temporary and non-annual | 24 | | basis or on an hourly basis, so long as the person does not | 25 | | work as a teacher or an administrator for compensation on more | 26 | | than 120 days in a school year. Such re-employment does not |
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| 1 | | require contributions, result in service credit, or constitute | 2 | | active membership in the Fund. | 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.)".
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