Full Text of SB2366 103rd General Assembly
SB2366 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2366 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/17-149 | from Ch. 108 1/2, par. 17-149 | 30 ILCS 805/8.47 new | |
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Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that a service retirement pensioner employed under a provision concerning subject shortage areas shall have deducted from the service retirement pensioner's salary an amount equal to 9% of that salary, which shall be contributed to the Fund as a sustainability contribution. Provides that the service retirement pensioner shall not earn service credit during that re-employment, and the service retirement pension benefit shall not be recalculated. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| | | SB2366 | | LRB103 28813 RPS 55198 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 Section 17-149 as follows:
| 6 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
| 7 | | Sec. 17-149. Cancellation of pensions.
| 8 | | (a) If any person receiving a disability retirement
| 9 | | pension from the Fund is re-employed as a teacher by an | 10 | | Employer, the pension
shall be cancelled on the date the | 11 | | re-employment begins, or on the first day of
a payroll period | 12 | | for which service credit was validated, whichever is earlier.
| 13 | | (b) If any person receiving a service retirement pension | 14 | | from the Fund
is re-employed as a teacher on a permanent or | 15 | | annual basis by an Employer,
the pension shall be cancelled on | 16 | | the date the re-employment begins, or on
the first day of a | 17 | | payroll period for which service credit was validated,
| 18 | | whichever is earlier. However, subject to the limitations and | 19 | | requirements of subsection subsections (c-5) or (c-10) , (c-6), | 20 | | and (c-7) , or (c-10) , the pension shall not be cancelled
in the | 21 | | case of a service retirement pensioner who is
re-employed on a | 22 | | temporary and non-annual basis or on an hourly basis.
| 23 | | (c) If the date of re-employment on a permanent or annual |
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| 1 | | basis
occurs within 5 school months after the date of previous | 2 | | retirement, exclusive
of any vacation period, the member shall | 3 | | be deemed to have been out of service
only temporarily and not | 4 | | permanently retired. Such person shall be entitled
to pension | 5 | | payments for the time he could have been employed as a teacher | 6 | | and
received salary, but shall not be entitled to pension for | 7 | | or during the summer
vacation prior to his return to service.
| 8 | | When the member again retires on pension, the time of | 9 | | service and the
money contributed by him during re-employment | 10 | | shall be added to the time
and money previously credited. Such | 11 | | person must acquire 3 consecutive years
of additional | 12 | | contributing service before he may retire again on a pension
| 13 | | at a rate and under conditions other than those in force or | 14 | | attained at the
time of his previous retirement.
| 15 | | (c-5) For school years beginning on or after July 1, 2019 | 16 | | and before July 1, 2022, the service retirement pension shall | 17 | | not be cancelled in the case of a service retirement pensioner | 18 | | who is re-employed as a teacher on a temporary and non-annual | 19 | | basis or on an hourly basis, so long as the person (1) does not | 20 | | work as a teacher for compensation on more than 120 days in a | 21 | | school year or (2) does not accept gross compensation for the | 22 | | re-employment in a school year in excess of (i) $30,000 or (ii) | 23 | | in the case of a person who retires with at least 5 years of | 24 | | service as a principal, an amount that is equal to the daily | 25 | | rate normally paid to retired principals multiplied by 100. | 26 | | These limitations apply only to school years that begin on or |
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| 1 | | after July 1, 2019 and before July 1, 2022. Such re-employment | 2 | | does not require contributions, result in service credit, or | 3 | | constitute active membership in the Fund. | 4 | | The service retirement pension shall not be cancelled
in | 5 | | the case of a service retirement pensioner who is
re-employed | 6 | | as a teacher on a temporary and non-annual basis or on an | 7 | | hourly basis, so long as the person (1) does not work as a | 8 | | teacher for compensation on more than 100 days in a school year | 9 | | or (2) does not accept gross compensation for the | 10 | | re-employment in a school year in excess of (i) $30,000 or (ii) | 11 | | in the case of a person who retires with at least 5 years of | 12 | | service as a principal, an amount that is equal to the daily | 13 | | rate normally paid to retired principals multiplied by 100. | 14 | | These limitations apply only to school years that begin on or | 15 | | after August 8, 2012 (the effective date of Public Act 97-912) | 16 | | and before July 1, 2019. Such re-employment does not require | 17 | | contributions, result in service credit, or constitute active | 18 | | membership in the Fund. | 19 | | Notwithstanding the 120-day limit set forth in item (1) of | 20 | | this subsection (c-5), the service retirement pension shall | 21 | | not be cancelled in the case of a service retirement pensioner | 22 | | who teaches only driver education courses after regular school | 23 | | hours and does not teach any other subject area, so long as the | 24 | | person does not work as a teacher for compensation for more | 25 | | than 900 hours in a school year. The $30,000 limit set forth in | 26 | | subitem (i) of item (2) of this subsection (c-5) shall apply to |
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| 1 | | a service retirement pensioner who teaches only driver | 2 | | education courses after regular school hours and does not | 3 | | teach any other subject area. | 4 | | To be eligible for such re-employment without cancellation | 5 | | of pension, the pensioner must notify the Fund and the Board of | 6 | | Education of his or her intention to accept re-employment | 7 | | under this subsection (c-5) before beginning that | 8 | | re-employment (or if the re-employment began before August 8, | 9 | | 2012 ( the effective date of Public Act 97-912) this amendatory | 10 | | Act , then within 30 days after that effective date). | 11 | | An Employer must certify to the Fund the temporary and | 12 | | non-annual or hourly status and the compensation of each | 13 | | pensioner re-employed under this subsection at least | 14 | | quarterly, and when the pensioner is approaching the earnings | 15 | | limitation under this subsection. | 16 | | If the pensioner works more than 100 days or accepts | 17 | | excess gross compensation for such re-employment in any school | 18 | | year that begins on or after August 8, 2012 (the effective date | 19 | | of Public Act 97-912), the service retirement pension shall | 20 | | thereupon be cancelled. | 21 | | If the pensioner who only teaches drivers education | 22 | | courses after regular school hours works more than 900 hours | 23 | | or accepts excess gross compensation for such re-employment in | 24 | | any school year that begins on or after August 12, 2016 ( the | 25 | | effective date of Public Act 99-786) this amendatory Act of | 26 | | the 99th General Assembly , the service retirement pension |
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| 1 | | shall thereupon be cancelled. | 2 | | If the pensioner works more than 120 days or accepts | 3 | | excess gross compensation for such re-employment in any school | 4 | | year that begins on or after July 1, 2019, the service | 5 | | retirement pension shall thereupon be cancelled. | 6 | | The Board of the Fund shall adopt rules for the | 7 | | implementation and administration of this subsection. | 8 | | (c-6) For school years beginning on or after July 1, 2022 | 9 | | and before July 1, 2024, the service retirement pension shall | 10 | | not be cancelled in the case of a service retirement pensioner | 11 | | who is re-employed as a teacher or an administrator on a | 12 | | temporary and non-annual basis or on an hourly basis bases , so | 13 | | long as the person does not work as a teacher or an | 14 | | administrator for compensation on more than 140 days in a | 15 | | school year. Such re-employment does not require | 16 | | contributions, result in service credit, or constitute active | 17 | | membership in the Fund. | 18 | | (c-7) For school years beginning on or after July 1, 2024, | 19 | | the service retirement pension shall not be cancelled in the | 20 | | case of a service retirement pensioner who is re-employed as a | 21 | | teacher or an administrator on a temporary and non-annual | 22 | | basis or on an hourly basis, so long as the person does not | 23 | | work as a teacher or an administrator for compensation on more | 24 | | than 120 days in a school year. Such re-employment does not | 25 | | require contributions, result in service credit, or constitute | 26 | | active membership in the Fund. |
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| 1 | | (c-10) Until June 30, 2024, the service retirement pension | 2 | | of a service retirement pensioner shall not be cancelled if | 3 | | the service retirement pensioner is employed in a subject | 4 | | shortage area and the Employer that is employing the service | 5 | | retirement pensioner meets the following requirements: | 6 | | (1) If the Employer
has honorably dismissed, within | 7 | | the calendar year preceding the beginning of the school | 8 | | term for which it seeks to employ a service retirement | 9 | | pensioner under this subsection, any teachers who are | 10 | | legally qualified to hold positions in the subject | 11 | | shortage area and have not yet begun to receive their | 12 | | service retirement pensions under this Article, the vacant | 13 | | positions must first be tendered to those teachers. | 14 | | (2) For a period of at least 90 days during the 6
| 15 | | months preceding the beginning of either the fall or | 16 | | spring term for which it seeks to employ a service | 17 | | retirement pensioner under this subsection, the Employer | 18 | | must, on an ongoing basis, (i) advertise its vacancies in | 19 | | the subject shortage area in employment bulletins | 20 | | published by college and university placement offices | 21 | | located near the school; (ii) search for teachers legally | 22 | | qualified to fill those vacancies through the Illinois | 23 | | Education Job Bank; and (iii) post all vacancies on the | 24 | | Employer's website and list the vacancy in an online job | 25 | | portal or database. | 26 | | (3) A service retirement pensioner employed
under this |
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| 1 | | subsection shall have deducted from the service retirement | 2 | | pensioner's
salary an amount equal to 9% of that salary, | 3 | | which shall be contributed to the Fund as a sustainability | 4 | | contribution. The service retirement pensioner shall not | 5 | | earn service credit during that re-employment, and the | 6 | | service retirement pension benefit shall not be | 7 | | recalculated. | 8 | | An Employer of a teacher who is unable to continue | 9 | | employment with the Employer because of documented illness, | 10 | | injury, or disability that occurred after being hired by the | 11 | | Employer under this subsection is exempt from the provisions | 12 | | of paragraph (2) for 90 school days. However, the Employer | 13 | | must on an ongoing basis comply with items (i), (ii), and (iii) | 14 | | of paragraph (2). | 15 | | The Employer must submit documentation of its compliance | 16 | | with this subsection to the regional superintendent. Upon | 17 | | receiving satisfactory documentation from the Employer, the | 18 | | regional superintendent shall certify the Employer's | 19 | | compliance with this subsection to the Fund. | 20 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the | 21 | | changes to this
Section made by Public Act 90-32
apply without | 22 | | regard to whether termination of service occurred before the
| 23 | | effective date of that Act and apply
retroactively to August | 24 | | 23, 1989.
| 25 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 26 | | to this Section
and Section 17-106 made by Public Act 92-599
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| 1 | | apply without regard to whether termination of service | 2 | | occurred before June 28, 2002 ( the
effective date of Public | 3 | | Act 92-599) that Act .
| 4 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 5 | | to this Section
made by Public Act 97-912 this amendatory Act | 6 | | of the 97th General Assembly
apply without regard to whether | 7 | | termination of service occurred before August 8, 2012 ( the
| 8 | | effective date of Public Act 97-912) this amendatory Act . | 9 | | (Source: P.A. 101-340, eff. 8-9-19; 102-1013, eff. 5-27-22; | 10 | | 102-1090, eff. 6-10-22; revised 7-27-22.)
| 11 | | Section 90. The State Mandates Act is amended by adding | 12 | | Section 8.47 as follows: | 13 | | (30 ILCS 805/8.47 new) | 14 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 15 | | 8 of this Act, no reimbursement by the State is required for | 16 | | the implementation of any mandate created by this amendatory | 17 | | Act of the 103rd General Assembly. | 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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