Full Text of SB2336 102nd General Assembly
SB2336 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2336 Introduced 2/26/2021, by Sen. Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
| 40 ILCS 5/16-106 | from Ch. 108 1/2, par. 16-106 |
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Amends the Downstate Teacher Article of the Illinois Pension Code. Adds to the definition of "teacher", the chief administrative officer of the education service centers established under the School Code and serving that portion of a Class II county outside a city of 500,000 or more inhabitants.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | SB2336 | | LRB102 14462 RPS 19814 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 16-106 as follows:
| 6 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 7 | | 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 | 11 | | in which services are expected to be rendered for at least
one | 12 | | school term:
| 13 | | (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;
| 17 | | (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 | 22 | | person who (i)
works in such a position for the Department | 23 | | of Corrections, (ii) was a member
of this System on May 31, |
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| 1 | | 1987, and (iii) did not elect to become a member of
the | 2 | | State Employees' Retirement System pursuant to Section | 3 | | 14-108.2 of this
Code; except that "teacher" does not | 4 | | include any person who (A) becomes
a security employee of | 5 | | the Department of Human Services, as defined in
Section | 6 | | 14-110, after June 28, 2001 (the effective date of Public | 7 | | Act
92-14), or (B) becomes a member of the State | 8 | | Employees'
Retirement System pursuant to Section 14-108.2c | 9 | | of this Code;
| 10 | | (3) Any regional superintendent of schools, assistant | 11 | | regional
superintendent of schools, State Superintendent | 12 | | of Education; any person
employed by the State Board of | 13 | | Education as an executive; any executive of
the boards | 14 | | engaged in the service of public common school education | 15 | | in
school districts covered under this system of which the | 16 | | State
Superintendent of Education is an ex-officio member;
| 17 | | (4) Any employee of a school board association | 18 | | operating in compliance
with Article 23 of the School Code | 19 | | who is certificated under the law
governing the | 20 | | certification of teachers, provided that he or she becomes | 21 | | such an employee before the effective date of this | 22 | | amendatory Act of the 99th General Assembly;
| 23 | | (5) Any person employed by the retirement system
who:
| 24 | | (i) was an employee of and a participant in the | 25 | | system on August 17,
2001 (the effective date of | 26 | | Public Act 92-416), or
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| 1 | | (ii) becomes an employee of the system on or after | 2 | | August 17, 2001;
| 3 | | (6) Any educational, administrative, professional or | 4 | | other staff
employed by and under the supervision and | 5 | | control of a regional
superintendent of schools or the | 6 | | chief administrative officer of the education service | 7 | | centers established under Section 2-3.62 of the School | 8 | | Code and serving that portion of a Class II county outside | 9 | | a city of 500,000 or more inhabitants , provided such | 10 | | employment position requires the
person to be certificated | 11 | | under the law governing the certification of
teachers and | 12 | | is in an educational program serving 2 or more districts | 13 | | in
accordance with a joint agreement authorized by the | 14 | | School Code or by federal
legislation;
| 15 | | (7) Any educational, administrative, professional or | 16 | | other staff employed
in an educational program serving 2 | 17 | | or more school districts in accordance
with a joint | 18 | | agreement authorized by the School Code or by federal
| 19 | | legislation and in a position requiring certification | 20 | | under the laws
governing the certification of teachers;
| 21 | | (8) Any officer or employee of a statewide teacher | 22 | | organization or
officer of a national teacher organization | 23 | | who is certified under the law
governing certification of | 24 | | teachers, provided: (i) the individual had
previously | 25 | | established creditable service under this Article, (ii) | 26 | | the
individual files with the system an irrevocable |
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| 1 | | election to become a member before the effective date of | 2 | | this amendatory Act of the 97th General Assembly,
(iii) | 3 | | the individual does not receive credit for such service | 4 | | under any
other Article of this Code, and (iv) the | 5 | | individual first became an officer or employee of the | 6 | | teacher organization and becomes a member before the | 7 | | effective date of this amendatory Act of the 97th General | 8 | | Assembly;
| 9 | | (9) Any educational, administrative, professional, or | 10 | | other staff
employed in a charter school operating in | 11 | | compliance with the Charter
Schools Law who is | 12 | | certificated under the law governing the certification
of | 13 | | teachers;
| 14 | | (10) Any person employed, on the effective date of | 15 | | this amendatory Act of the 94th General Assembly, by the | 16 | | Macon-Piatt Regional Office of Education in a | 17 | | birth-through-age-three pilot program receiving funds | 18 | | under Section 2-389 of the School Code who is required by | 19 | | the Macon-Piatt Regional Office of Education to hold a | 20 | | teaching certificate, provided that the Macon-Piatt | 21 | | Regional Office of Education makes an election, within 6 | 22 | | months after the effective date of this amendatory Act of | 23 | | the 94th General Assembly, to have the person participate | 24 | | in the system. Any service established prior to the | 25 | | effective date of this amendatory Act of the 94th General | 26 | | Assembly for service as an employee of the Macon-Piatt |
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| 1 | | Regional Office of Education in a birth-through-age-three | 2 | | pilot program receiving funds under Section 2-389 of the | 3 | | School Code shall be considered service as a teacher if | 4 | | employee and employer contributions have been received by | 5 | | the system and the system has not refunded those | 6 | | contributions.
| 7 | | An annuitant receiving a retirement annuity under this | 8 | | Article who is employed by a board of education
or other | 9 | | employer as permitted under Section 16-118
or 16-150.1 is not | 10 | | a "teacher" for purposes of this Article. A person who
has | 11 | | received a single-sum retirement benefit under Section | 12 | | 16-136.4 of this
Article is not a "teacher" for purposes of | 13 | | this Article. For purposes of this Article, "teacher" does not | 14 | | include a person employed by an entity that provides | 15 | | substitute teaching services under Section 2-3.173 of the | 16 | | School Code and is not a school district.
| 17 | | (Source: P.A. 100-813, eff. 8-13-18; 101-502, eff. 8-23-19.)
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