Full Text of SB2204 93rd General Assembly
SB2204 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2204
Introduced 1/15/2004, by Denny Jacobs SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/16-106 |
from Ch. 108 1/2, par. 16-106 |
105 ILCS 5/10-20.7 |
from Ch. 122, par. 10-20.7 |
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Amends the Downstate Teacher Article of the
Illinois Pension Code. Provides that a person who is employed by a private
business enterprise engaged in the business of providing schools with temporary
substitute teachers is not a "teacher" and is neither entitled to service
credit nor required to make employee contributions with respect to that
employment.
Amends the School Code. Provides that a school board may contract with a
private business entity to train and provide qualified temporary substitute
teachers, and that those qualified temporary substitute teachers may be
employees of the private business entity rather than employees of the school
board. Effective immediately.
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| PENSION IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2204 |
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LRB093 17676 LRD 43352 b |
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| AN ACT in relation to teachers.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Section
16-106 as follows:
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| (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
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| Sec. 16-106. Teacher. "Teacher": The following | 8 |
| individuals, provided
that, for employment prior to July 1, | 9 |
| 1990, they are employed on a
full-time basis, or if not | 10 |
| full-time, on a permanent and continuous basis
in a position in | 11 |
| which services are expected to be rendered for at least
one | 12 |
| school term:
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| (1) Any educational, administrative, professional or | 14 |
| other staff employed
in the public common schools included | 15 |
| within this system in a position
requiring certification | 16 |
| under the law governing the certification of
teachers;
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| (2) Any educational, administrative, professional or | 18 |
| other staff employed
in any facility of the Department of | 19 |
| Children and Family Services or the
Department of Human | 20 |
| Services, in a position requiring certification under
the | 21 |
| law governing the certification of teachers, and any person | 22 |
| who (i)
works in such a position for the Department of | 23 |
| Corrections, (ii) was a member
of this System on May 31, | 24 |
| 1987, and (iii) did not elect to become a member of
the | 25 |
| State Employees' Retirement System pursuant to Section | 26 |
| 14-108.2 of this
Code; except that "teacher" does not | 27 |
| include any person who (A) becomes
a security employee of | 28 |
| the Department of Human Services, as defined in
Section | 29 |
| 14-110, after June 28, 2001 (the effective date of Public | 30 |
| Act
92-14), or (B) becomes a member of the State Employees'
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| Retirement System pursuant to Section 14-108.2c of this | 32 |
| Code;
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SB2204 |
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LRB093 17676 LRD 43352 b |
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| (3) Any regional superintendent of schools, assistant | 2 |
| regional
superintendent of schools, State Superintendent | 3 |
| of Education; any person
employed by the State Board of | 4 |
| Education as an executive; any executive of
the boards | 5 |
| engaged in the service of public common school education in
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| school districts covered under this system of which the | 7 |
| State
Superintendent of Education is an ex-officio member;
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| (4) Any employee of a school board association | 9 |
| operating in compliance
with Article 23 of the School Code | 10 |
| who is certificated under the law
governing the | 11 |
| certification of teachers;
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| (5) Any person employed by the retirement system
who:
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| (i) was an employee of and a participant in the | 14 |
| system on August 17,
2001 (the effective date of Public | 15 |
| Act 92-416), or
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| (ii) becomes an employee of the system on or after | 17 |
| August 17, 2001;
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| (6) Any educational, administrative, professional or | 19 |
| other staff
employed by and under the supervision and | 20 |
| control of a regional
superintendent of schools, provided | 21 |
| such employment position requires the
person to be | 22 |
| certificated under the law governing the certification of
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| teachers and is in an educational program serving 2 or more | 24 |
| districts in
accordance with a joint agreement authorized | 25 |
| by the School Code or by federal
legislation;
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| (7) Any educational, administrative, professional or | 27 |
| other staff employed
in an educational program serving 2 or | 28 |
| more school districts in accordance
with a joint agreement | 29 |
| authorized by the School Code or by federal
legislation and | 30 |
| in a position requiring certification under the laws
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| governing the certification of teachers;
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| (8) Any officer or employee of a statewide teacher | 33 |
| organization or
officer of a national teacher organization | 34 |
| who is certified under the law
governing certification of | 35 |
| teachers, provided: (i) the individual had
previously | 36 |
| established creditable service under this Article, (ii) |
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LRB093 17676 LRD 43352 b |
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| the
individual files with the system an irrevocable | 2 |
| election to become a member,
and (iii) the individual does | 3 |
| not receive credit for such service under any
other Article | 4 |
| of this Code;
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| (9) Any educational, administrative, professional, or | 6 |
| other staff
employed in a charter school operating in | 7 |
| compliance with the Charter
Schools Law who is certificated | 8 |
| under the law governing the certification
of teachers.
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| A person who is employed by a private business enterprise | 10 |
| engaged in the
business of providing schools with temporary | 11 |
| substitute teachers is not a
"teacher" for the purposes of this | 12 |
| Article and is neither entitled to service
credit nor required | 13 |
| to make employee contributions with respect to that
employment.
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| An annuitant receiving a retirement annuity under this | 15 |
| Article or under
Article 17 of this Code who is employed by a | 16 |
| board of education
or other employer as permitted under Section | 17 |
| 16-118
or 16-150.1 is not a "teacher" for purposes of this | 18 |
| Article. A person who
has received a single-sum retirement | 19 |
| benefit under Section 16-136.4 of this
Article is not a | 20 |
| "teacher" for purposes of this Article.
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| (Source: P.A. 92-14, eff. 6-28-01; 92-416, eff. 8-17-01;
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| 92-651, eff. 7-11-02; 93-320, eff. 7-23-03.)
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| Section 10. The School Code is amended by changing Section | 24 |
| 10-20.7
as follows:
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| (105 ILCS 5/10-20.7) (from Ch. 122, par. 10-20.7)
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| Sec. 10-20.7. Appoint teachers and fix salaries.
To appoint | 27 |
| all teachers and fix the amount of their salaries, subject
to | 28 |
| limitations set forth in this Act.
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| In fixing salaries of certificated
employees, school | 30 |
| boards shall make no discrimination on account of sex
and there | 31 |
| shall be no loss in salary because of jury duty or because such
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| employee, pursuant to subpoena issued by the clerk of a court | 33 |
| and served
on such employee, attends as a witness upon trial or | 34 |
| to have his or her
deposition taken in any school related |
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| matter pending in court, except that
the board may make a | 2 |
| deduction equal to the amount received for such jury
duty or | 3 |
| for per diem fees which the employee is entitled to receive for
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| complying with such subpoena. Certified employees may be paid | 5 |
| full salary
by the board when in the active service of this | 6 |
| State, under orders of the
Commander-in-Chief, as members of | 7 |
| the Illinois National Guard or Illinois
Naval Militia, provided | 8 |
| that the board may deduct from such salary any
amounts received | 9 |
| for such State service. A school board may at any time
after | 10 |
| January 1 employ teachers for the school year beginning on the
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| following July 1.
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| A school board may contract with a private business entity | 13 |
| to train and
provide qualified temporary substitute teachers. | 14 |
| The contract may provide
that those qualified temporary | 15 |
| substitute teachers are employees of the
private business | 16 |
| entity rather than employees of the school board.
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| (Source: P.A. 86-1366.)
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| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law. |
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