Illinois General Assembly - Full Text of SB4000
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Full Text of SB4000  102nd General Assembly

SB4000sam002 102ND GENERAL ASSEMBLY

Sen. Mattie Hunter

Filed: 2/7/2022

 

 


 

 


 
10200SB4000sam002LRB102 23374 RPS 35984 a

1
AMENDMENT TO SENATE BILL 4000

2    AMENDMENT NO. ______. Amend Senate Bill 4000, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Pension Code is amended by
6changing Section 17-149 as follows:
 
7    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)
8    Sec. 17-149. Cancellation of pensions.
9    (a) If any person receiving a disability retirement
10pension from the Fund is re-employed as a teacher by an
11Employer, the pension shall be cancelled on the date the
12re-employment begins, or on the first day of a payroll period
13for which service credit was validated, whichever is earlier.
14    (b) If any person receiving a service retirement pension
15from the Fund is re-employed as a teacher on a permanent or
16annual basis by an Employer, the pension shall be cancelled on

 

 

10200SB4000sam002- 2 -LRB102 23374 RPS 35984 a

1the date the re-employment begins, or on the first day of a
2payroll period for which service credit was validated,
3whichever is earlier. However, subject to the limitations and
4requirements of subsections subsection (c-5), (c-6), and
5(c-7), the pension shall not be cancelled in the case of a
6service retirement pensioner who is re-employed on a temporary
7and non-annual basis or on an hourly basis.
8    (c) If the date of re-employment on a permanent or annual
9basis occurs within 5 school months after the date of previous
10retirement, exclusive of any vacation period, the member shall
11be deemed to have been out of service only temporarily and not
12permanently retired. Such person shall be entitled to pension
13payments for the time he could have been employed as a teacher
14and received salary, but shall not be entitled to pension for
15or during the summer vacation prior to his return to service.
16    When the member again retires on pension, the time of
17service and the money contributed by him during re-employment
18shall be added to the time and money previously credited. Such
19person must acquire 3 consecutive years of additional
20contributing service before he may retire again on a pension
21at a rate and under conditions other than those in force or
22attained at the time of his previous retirement.
23    (c-5) For school years beginning on or after July 1, 2019
24and before July 1, 2022, the service retirement pension shall
25not be cancelled in the case of a service retirement pensioner
26who is re-employed as a teacher on a temporary and non-annual

 

 

10200SB4000sam002- 3 -LRB102 23374 RPS 35984 a

1basis or on an hourly basis, so long as the person (1) does not
2work as a teacher for compensation on more than 120 days in a
3school year or (2) does not accept gross compensation for the
4re-employment in a school year in excess of (i) $30,000 or (ii)
5in the case of a person who retires with at least 5 years of
6service as a principal, an amount that is equal to the daily
7rate normally paid to retired principals multiplied by 100.
8These limitations apply only to school years that begin on or
9after July 1, 2019 and before July 1, 2022. Such re-employment
10does not require contributions, result in service credit, or
11constitute active membership in the Fund.
12    The service retirement pension shall not be cancelled in
13the case of a service retirement pensioner who is re-employed
14as a teacher on a temporary and non-annual basis or on an
15hourly basis, so long as the person (1) does not work as a
16teacher for compensation on more than 100 days in a school year
17or (2) does not accept gross compensation for the
18re-employment in a school year in excess of (i) $30,000 or (ii)
19in the case of a person who retires with at least 5 years of
20service as a principal, an amount that is equal to the daily
21rate normally paid to retired principals multiplied by 100.
22These limitations apply only to school years that begin on or
23after August 8, 2012 (the effective date of Public Act 97-912)
24and before July 1, 2019. Such re-employment does not require
25contributions, result in service credit, or constitute active
26membership in the Fund.

 

 

10200SB4000sam002- 4 -LRB102 23374 RPS 35984 a

1    Notwithstanding the 120-day limit set forth in item (1) of
2this subsection (c-5), the service retirement pension shall
3not be cancelled in the case of a service retirement pensioner
4who teaches only driver education courses after regular school
5hours and does not teach any other subject area, so long as the
6person does not work as a teacher for compensation for more
7than 900 hours in a school year. The $30,000 limit set forth in
8subitem (i) of item (2) of this subsection (c-5) shall apply to
9a service retirement pensioner who teaches only driver
10education courses after regular school hours and does not
11teach any other subject area.
12    To be eligible for such re-employment without cancellation
13of pension, the pensioner must notify the Fund and the Board of
14Education of his or her intention to accept re-employment
15under this subsection (c-5) before beginning that
16re-employment (or if the re-employment began before the
17effective date of this amendatory Act, then within 30 days
18after that effective date).
19    An Employer must certify to the Fund the temporary and
20non-annual or hourly status and the compensation of each
21pensioner re-employed under this subsection at least
22quarterly, and when the pensioner is approaching the earnings
23limitation under this subsection.
24    If the pensioner works more than 100 days or accepts
25excess gross compensation for such re-employment in any school
26year that begins on or after August 8, 2012 (the effective date

 

 

10200SB4000sam002- 5 -LRB102 23374 RPS 35984 a

1of Public Act 97-912), the service retirement pension shall
2thereupon be cancelled.
3    If the pensioner who only teaches drivers education
4courses after regular school hours works more than 900 hours
5or accepts excess gross compensation for such re-employment in
6any school year that begins on or after the effective date of
7this amendatory Act of the 99th General Assembly, the service
8retirement pension shall thereupon be cancelled.
9    If the pensioner works more than 120 days or accepts
10excess gross compensation for such re-employment in any school
11year that begins on or after July 1, 2019, the service
12retirement pension shall thereupon be cancelled.
13    The Board of the Fund shall adopt rules for the
14implementation and administration of this subsection.
15    (c-6) For school years beginning on or after July 1, 2022
16and before July 1, 2024, the service retirement pension shall
17not be cancelled in the case of a service retirement pensioner
18who is re-employed as a teacher or an administrator on a
19temporary and non-annual basis or on an hourly bases, so long
20as the person does not work as a teacher or an administrator
21for compensation on more than 140 days in a school year. Such
22re-employment does not require contributions, result in
23service credit, or constitute active membership in the Fund.
24    (c-7) For school years beginning on or after July 1, 2024,
25the service retirement pension shall not be cancelled in the
26case of a service retirement pensioner who is re-employed as a

 

 

10200SB4000sam002- 6 -LRB102 23374 RPS 35984 a

1teacher or an administrator on a temporary and non-annual
2basis or on an hourly basis, so long as the person does not
3work as a teacher or an administrator for compensation on more
4than 120 days in a school year. Such re-employment does not
5require contributions, result in service credit, or constitute
6active membership in the Fund.
7    (d) Notwithstanding Sections 1-103.1 and 17-157, the
8changes to this Section made by Public Act 90-32 apply without
9regard to whether termination of service occurred before the
10effective date of that Act and apply retroactively to August
1123, 1989.
12    Notwithstanding Sections 1-103.1 and 17-157, the changes
13to this Section and Section 17-106 made by Public Act 92-599
14apply without regard to whether termination of service
15occurred before the effective date of that Act.
16    Notwithstanding Sections 1-103.1 and 17-157, the changes
17to this Section made by this amendatory Act of the 97th General
18Assembly apply without regard to whether termination of
19service occurred before the effective date of this amendatory
20Act.
21(Source: P.A. 101-340, eff. 8-9-19.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".