Full Text of SB2093 102nd General Assembly
SB2093ham002 102ND GENERAL ASSEMBLY | Rep. Lindsey LaPointe Filed: 5/20/2021
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| 1 | | AMENDMENT TO SENATE BILL 2093
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2093 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 17-105.1, 17-106, and 17-132 and by adding | 6 | | Section 17-134.2 as follows:
| 7 | | (40 ILCS 5/17-105.1)
| 8 | | Sec. 17-105.1. Employer. "Employer": The Board of | 9 | | Education , and a
charter school as defined under the | 10 | | provisions of Section 27A-5 of the School
Code , and a contract | 11 | | school operating pursuant to an agreement with the Board of | 12 | | Education .
| 13 | | (Source: P.A. 90-566, eff. 1-2-98 .)
| 14 | | (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
| 15 | | Sec. 17-106. Contributor, member or teacher. |
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| 1 | | "Contributor", "member"
or "teacher": All members of the | 2 | | teaching force of the city, including
principals, assistant | 3 | | principals, the general superintendent of schools,
deputy | 4 | | superintendents of schools, associate superintendents of | 5 | | schools,
assistant and district superintendents of schools, | 6 | | members of the Board of
Examiners, all other persons whose | 7 | | employment requires a teaching certificate
issued under the | 8 | | laws governing the certification of teachers, any educational | 9 | | staff employed in a contract school operating pursuant to an | 10 | | agreement with the Board of Education who is employed in a | 11 | | position requiring certification or licensure under the School | 12 | | Code (excluding all managerial, supervisory, and confidential | 13 | | employees) and is required to or elects to participate | 14 | | pursuant to Section 17-134.2, any educational,
administrative, | 15 | | professional, or other staff employed in a charter school
| 16 | | operating in compliance with the Charter Schools Law who is | 17 | | certified under
the law governing the certification of | 18 | | teachers, and employees of the Board,
but excluding persons | 19 | | contributing concurrently to any other public employee
pension | 20 | | system in Illinois for the same employment or receiving | 21 | | retirement
pensions under another Article of this Code for | 22 | | that same employment, persons
employed on an hourly basis | 23 | | (provided that an Employer may not reclassify a non-hourly | 24 | | employee as an hourly employee for the purpose of evading or | 25 | | avoiding its obligations under this Article), and persons | 26 | | receiving pensions from the Fund who
are employed temporarily |
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| 1 | | by an Employer and not on an annual basis.
| 2 | | All teachers or staff regardless of their position shall | 3 | | presumptively be participants in the Fund, unless the Employer | 4 | | establishes to the satisfaction of the Board that an | 5 | | individual certified teacher or staff member is not working as | 6 | | a teacher or administrator directly or indirectly with the | 7 | | Charter School. Any certified teacher or staff employed by a | 8 | | corporate or non-profit entity engaged in the administration | 9 | | of a charter school shall presumptively be a participant in | 10 | | the Fund, unless the organization establishes to the | 11 | | satisfaction of the Board that an individual certified teacher | 12 | | or staff member is not working as a teacher or administrator | 13 | | directly or indirectly with the Charter School. | 14 | | In the case of a person who has been making contributions | 15 | | and otherwise
participating in this Fund prior to the | 16 | | effective date of this amendatory
Act of the 91st General | 17 | | Assembly, and whose right to participate in
the Fund is | 18 | | established or confirmed by this amendatory Act, such prior
| 19 | | participation in the Fund, including all contributions | 20 | | previously made and
service credits previously earned by the | 21 | | person, are hereby validated.
| 22 | | The changes made to this Section and Section 17-149 by | 23 | | this amendatory
Act of the 92nd General Assembly apply without | 24 | | regard to whether the person
was in service on or after the | 25 | | effective date of this amendatory Act,
notwithstanding | 26 | | Sections 1-103.1 and 17-157.
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| 1 | | (Source: P.A. 98-427, eff. 8-16-13.)
| 2 | | (40 ILCS 5/17-132) (from Ch. 108 1/2, par. 17-132)
| 3 | | Sec. 17-132. Payments and certification of salary | 4 | | deductions. | 5 | | (a) An Employer shall cause the Fund to receive all | 6 | | members' payroll records and pension contributions within 30 | 7 | | calendar days after each predesignated payday. For purposes of | 8 | | this Section, the predesignated payday shall be determined in | 9 | | accordance with each Employer's payroll schedule for | 10 | | contributions to the Fund. | 11 | | (b) An Employer that fails to timely certify and submit | 12 | | payroll records to the Fund is subject to a statutory penalty | 13 | | in the amount of $100 per day for each day that a required | 14 | | certification and submission is late. | 15 | | Amounts not received by the 30th calendar day after the | 16 | | predesignated payday shall be deemed delinquent and subject to | 17 | | a penalty consisting of interest, which shall accrue on a | 18 | | monthly basis at the Fund's then effective actuarial rate of | 19 | | return, and liquidated damages in the amount of $100 per day, | 20 | | not to exceed 20% of the principal contributions due, which | 21 | | shall be mandatory except for good cause shown and in the | 22 | | discretion of the Board. | 23 | | An Employer in possession of member contributions deducted | 24 | | from payroll checks is holding Fund assets, and thus becomes a | 25 | | fiduciary over those assets. |
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| 1 | | (c) The payroll records shall report (1) all pensionable | 2 | | salary earned in that pay period, exclusive of salaries for | 3 | | overtime, extracurricular activities, or any employment on an | 4 | | optional basis, such as in summer school; (2) adjustments to | 5 | | pensionable salary, exclusive of salaries for overtime, | 6 | | extracurricular activities, or any employment on an optional | 7 | | basis, such as in summer school, made in a pay period for any | 8 | | prior pay periods; (3) pension contributions attributable to | 9 | | pensionable salary earned in the reported pay period or the | 10 | | adjusted pay period as required by subsection (b) of Section | 11 | | 17-131; and (4) any salary paid by an Employer if that salary | 12 | | is compensation for validated service and is exclusive of | 13 | | salary for overtime, extracurricular activities, or any | 14 | | employment on an optional basis, such as in summer school. | 15 | | Payroll records required by item (4) of this paragraph shall | 16 | | identify the number of days of service rendered by the member | 17 | | and whether each day of service represents a partial or whole | 18 | | day of service. | 19 | | (d) The appropriate officers of the Employer shall certify | 20 | | and submit the payroll records no later than 30 calendar days | 21 | | after each predesignated payday. The certification shall | 22 | | constitute a confirmation of the accuracy of such deductions | 23 | | according to the provisions of this Article. | 24 | | Each Charter School and contract school shall designate an | 25 | | administrator as a "Pension Officer". The Pension Officer | 26 | | shall be responsible for certifying all payroll information, |
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| 1 | | including contributions due and certified sick days payable | 2 | | pursuant to Section 17-134, and assuring resolution of | 3 | | reported payroll and contribution deficiencies. | 4 | | (e) The Board has the authority to conduct payroll audits | 5 | | of a charter school or contract school to determine the | 6 | | existence of any delinquencies in contributions to the Fund, | 7 | | and such charter school or contract school shall be required | 8 | | to provide such books and records and contribution information | 9 | | as the Board or its authorized representative may require. The | 10 | | Board is also authorized to collect delinquent contributions | 11 | | from charter schools and contract schools and develop | 12 | | procedures for the collection of such delinquencies. | 13 | | Collection procedures may include legal proceedings in the | 14 | | courts of the State of Illinois. Expenses, including | 15 | | reasonable attorneys' fees, incurred in the collection of | 16 | | delinquent contributions may be assessed by the Board against | 17 | | the charter school or contract school .
| 18 | | (f) The Fund shall provide a conditional grace period for | 19 | | contract schools that show evidence of timely and good faith | 20 | | efforts to submit payroll records and make pension | 21 | | contributions due between January 1, 2022 and April 1, 2022. | 22 | | If payroll records and pension contributions due during that | 23 | | time period are not submitted by April 1, 2022, the statutory | 24 | | penalties, liquidated damages, and interest shall be | 25 | | calculated from the original due date to the submission date | 26 | | of the pension contributions or payroll records, as |
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| 1 | | applicable. | 2 | | Evidence of timely and good faith efforts shall include, | 3 | | but are not limited to, the following: | 4 | | (1) evidence of the contract school's continuing | 5 | | efforts to submit payroll records and make pension | 6 | | contributions, both before and after the date the payroll | 7 | | records and pension contributions were due; | 8 | | (2) documented evidence submitted by the contract | 9 | | school of the contract school's continuing efforts to | 10 | | submit payroll records and make pension contributions; | 11 | | (3) evidence in the possession of the Fund of the | 12 | | contract school's continuing efforts to submit payroll | 13 | | records and make pension contributions; and | 14 | | (4) contact by the contract school with the Fund to | 15 | | seek assistance and notify the Fund of difficulties with | 16 | | submitting the payroll records and making the pension | 17 | | contributions within a period of time determined by the | 18 | | Board after the date the pension contributions and payroll | 19 | | records were due. | 20 | | The Fund may adopt rules to implement the changes made by | 21 | | this amendatory Act of the 102nd General Assembly. | 22 | | (Source: P.A. 101-261, eff. 8-9-19.)
| 23 | | (40 ILCS 5/17-134.2 new) | 24 | | Sec. 17-134.2. Employee of a contract school. Any | 25 | | educational staff of a contract school operating pursuant to |
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| 1 | | an agreement with the Board of Education who is employed in a | 2 | | position requiring certification or licensure under the School | 3 | | Code on or after the effective date of this amendatory Act of | 4 | | the 102nd General Assembly (excluding all managerial, | 5 | | supervisory, and confidential employees) shall participate as | 6 | | a member beginning on January 1, 2022, unless the person began | 7 | | employment with the contract school before the effective date | 8 | | of this amendatory Act of the 102nd General Assembly. | 9 | | Any educational staff employed in a contract school | 10 | | operating pursuant to an agreement with the Board of Education | 11 | | who began employment in a position requiring certification or | 12 | | licensure under the School Code before the effective date of | 13 | | this amendatory Act of the 102nd General Assembly (excluding | 14 | | all managerial, supervisory, and confidential employees) may | 15 | | irrevocably elect, in a manner prescribed by the Board, to | 16 | | participate as a member for service accrued after January 1, | 17 | | 2022 with the contract school, another contract school, a | 18 | | charter school, or the Board of Education. In no event shall a | 19 | | person accrue service for employment with a contract school | 20 | | that occurred before January 1, 2022. | 21 | | Section 90. The State Mandates Act is amended by adding | 22 | | Section 8.45 as follows: | 23 | | (30 ILCS 805/8.45 new) | 24 | | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and |
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| 1 | | 8 of this Act, no reimbursement by the State is required for | 2 | | the implementation of any mandate created by this amendatory | 3 | | Act of the 102nd General Assembly.
| 4 | | Section 99. Effective date. This Act takes effect July 1, | 5 | | 2021.".
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