Full Text of SB3027 101st General Assembly
SB3027eng 101ST GENERAL ASSEMBLY |
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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 changing | 5 | | Section 16-127 as follows:
| 6 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
| 7 | | Sec. 16-127. Computation of creditable service.
| 8 | | (a) Each member shall receive regular credit for all
| 9 | | service as a teacher from the date membership begins, for which
| 10 | | satisfactory evidence is supplied and all contributions have | 11 | | been paid.
| 12 | | (b) The following periods of service shall earn optional | 13 | | credit and
each member shall receive credit for all such | 14 | | service for which
satisfactory evidence is supplied and all | 15 | | contributions have been paid as
of the date specified:
| 16 | | (1) Prior service as a teacher.
| 17 | | (2) Service in a capacity essentially similar or | 18 | | equivalent to that of a
teacher, in the public common | 19 | | schools in school districts in this State not
included | 20 | | within the provisions of this System, or of any other | 21 | | State,
territory, dependency or possession of the United | 22 | | States, or in schools
operated by or under the auspices of | 23 | | the United States, or under the
auspices of any agency or |
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| 1 | | department of any other State, and service during
any | 2 | | period of professional speech correction or special | 3 | | education
experience for a public agency within this State | 4 | | or any other State,
territory, dependency or possession of | 5 | | the United States, and service prior
to February 1, 1951 as | 6 | | a recreation worker for the Illinois Department of
Public | 7 | | Safety, for a period not exceeding the lesser of 2/5 of the | 8 | | total
creditable service of the member or 10 years. The | 9 | | maximum service of 10
years which is allowable under this | 10 | | paragraph shall be reduced by the
service credit which is | 11 | | validated by other retirement systems under
paragraph (i) | 12 | | of Section 15-113 and paragraph 1 of Section 17-133. Credit
| 13 | | granted under this paragraph may not be used in | 14 | | determination of a
retirement annuity or disability | 15 | | benefits unless the member has at least 5
years of | 16 | | creditable service earned subsequent to this employment | 17 | | with one
or more of the following systems: Teachers' | 18 | | Retirement System of the State
of Illinois, State | 19 | | Universities Retirement System, and the Public School
| 20 | | Teachers' Pension and Retirement Fund of Chicago. Whenever | 21 | | such service
credit exceeds the maximum allowed for all | 22 | | purposes of this Article, the
first service rendered in | 23 | | point of time shall be considered.
The changes to this | 24 | | subdivision (b)(2) made by Public Act 86-272 shall
apply | 25 | | not only to persons who on or after its effective date | 26 | | (August 23,
1989) are in service as a teacher under the |
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| 1 | | System, but also to persons
whose status as such a teacher | 2 | | terminated prior to such effective date,
whether or not | 3 | | such person is an annuitant on that date.
| 4 | | (3) Any periods immediately following teaching | 5 | | service, under this
System or under Article 17, (or | 6 | | immediately following service prior to
February 1, 1951 as | 7 | | a recreation worker for the Illinois Department of
Public | 8 | | Safety) spent in active service with the military forces of | 9 | | the
United States; periods spent in educational programs | 10 | | that prepare for
return to teaching sponsored by the | 11 | | federal government following such
active military service; | 12 | | if a teacher returns to teaching service within
one | 13 | | calendar year after discharge or after the completion of | 14 | | the
educational program, a further period, not exceeding | 15 | | one calendar year,
between time spent in military service | 16 | | or in such educational programs and
the return to | 17 | | employment as a teacher under this System; and a period of | 18 | | up
to 2 years of active military service not immediately | 19 | | following employment
as a teacher.
| 20 | | The changes to this Section and Section 16-128 relating | 21 | | to military
service made by P.A. 87-794 shall apply not | 22 | | only to persons who on or after its
effective date are in | 23 | | service as a teacher under the System, but also to
persons | 24 | | whose status as a teacher terminated prior to that date, | 25 | | whether or not
the person is an annuitant on that date. In | 26 | | the case of an annuitant who
applies for credit allowable |
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| 1 | | under this Section for a period of military
service that | 2 | | did not immediately follow employment, and who has made the
| 3 | | required contributions for such credit, the annuity shall | 4 | | be recalculated to
include the additional service credit, | 5 | | with the increase taking effect on the
date the System | 6 | | received written notification of the annuitant's intent to
| 7 | | purchase the credit, if payment of all the required | 8 | | contributions is made
within 60 days of such notice, or | 9 | | else on the first annuity payment date
following the date | 10 | | of payment of the required contributions. In calculating
| 11 | | the automatic annual increase for an annuity that has been | 12 | | recalculated under
this Section, the increase attributable | 13 | | to the additional service allowable
under P.A. 87-794 shall | 14 | | be included in the calculation of automatic annual
| 15 | | increases accruing after the effective date of the | 16 | | recalculation.
| 17 | | Credit for military service shall be determined as | 18 | | follows: if entry
occurs during the months of July, August, | 19 | | or September and the member was a
teacher at the end of the | 20 | | immediately preceding school term, credit shall
be granted | 21 | | from July 1 of the year in which he or she entered service; | 22 | | if
entry occurs during the school term and the teacher was | 23 | | in teaching service
at the beginning of the school term, | 24 | | credit shall be granted from July 1 of
such year. In all | 25 | | other cases where credit for military service is allowed,
| 26 | | credit shall be granted from the date of entry into the |
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| 1 | | service.
| 2 | | The total period of military service for which credit | 3 | | is granted shall
not exceed 5 years for any member unless | 4 | | the service: (A) is validated
before July 1, 1964, and (B) | 5 | | does not extend beyond July 1, 1963. Credit
for military | 6 | | service shall be granted under this Section only if not | 7 | | more
than 5 years of the military service for which credit | 8 | | is granted under this
Section is used by the member to | 9 | | qualify for a military retirement
allotment from any branch | 10 | | of the armed forces of the United States. The
changes to | 11 | | this subdivision (b)(3) made by Public Act 86-272 shall | 12 | | apply
not only to persons who on or after its effective | 13 | | date (August 23, 1989)
are in service as a teacher under | 14 | | the System, but also to persons whose
status as such a | 15 | | teacher terminated prior to such effective date, whether
or | 16 | | not such person is an annuitant on that date.
| 17 | | (4) Any periods served as a member of the General | 18 | | Assembly.
| 19 | | (5)(i) Any periods for which a teacher, as defined in | 20 | | Section
16-106, is granted a leave of absence, provided he | 21 | | or she returns to teaching
service creditable under this | 22 | | System or the State Universities Retirement
System | 23 | | following the leave; (ii) periods during which a teacher is
| 24 | | involuntarily laid off from teaching, provided he or she | 25 | | returns to teaching
following the lay-off; (iii) periods | 26 | | prior to July 1, 1983 during which
a teacher ceased covered |
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| 1 | | employment due to pregnancy, provided that the teacher
| 2 | | returned to teaching service creditable under this System | 3 | | or the State
Universities Retirement System following the | 4 | | pregnancy and submits evidence
satisfactory to the Board | 5 | | documenting that the employment ceased due to
pregnancy; | 6 | | and (iv) periods prior to July 1, 1983 during which a | 7 | | teacher
ceased covered employment for the purpose of | 8 | | adopting an infant under 3 years
of age or caring for a | 9 | | newly adopted infant under 3 years of age, provided that
| 10 | | the teacher returned to teaching service creditable under | 11 | | this System or the
State Universities Retirement System | 12 | | following the adoption and submits
evidence satisfactory | 13 | | to the Board documenting that the employment ceased for
the | 14 | | purpose of adopting an infant under 3 years of age or | 15 | | caring for a newly
adopted infant under 3 years of age. | 16 | | However, total credit under this
paragraph (5) may not | 17 | | exceed 3 years.
| 18 | | Any qualified member or annuitant may apply for credit | 19 | | under item (iii)
or (iv) of this paragraph (5) without | 20 | | regard to whether service was
terminated before the | 21 | | effective date of this amendatory Act of 1997. In the case | 22 | | of an annuitant who establishes credit under item (iii)
or | 23 | | (iv), the annuity shall be recalculated to include the | 24 | | additional
service credit. The increase in annuity shall | 25 | | take effect on the date the
System receives written | 26 | | notification of the annuitant's intent to purchase the
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| 1 | | credit, if the required evidence is submitted and the | 2 | | required contribution
paid within 60 days of that | 3 | | notification, otherwise on the first annuity
payment date | 4 | | following the System's receipt of the required evidence and
| 5 | | contribution. The increase in an annuity recalculated | 6 | | under this provision
shall be included in the calculation | 7 | | of automatic annual increases in the
annuity accruing after | 8 | | the effective date of the recalculation.
| 9 | | Optional credit may be purchased under this subsection | 10 | | (b)(5) for
periods during which a teacher has been granted | 11 | | a leave of absence pursuant
to Section 24-13 of the School | 12 | | Code. A teacher whose service under this
Article terminated | 13 | | prior to the effective date of P.A. 86-1488 shall be
| 14 | | eligible to purchase such optional credit. If a teacher who | 15 | | purchases this
optional credit is already receiving a | 16 | | retirement annuity under this Article,
the annuity shall be | 17 | | recalculated as if the annuitant had applied for the leave
| 18 | | of absence credit at the time of retirement. The difference | 19 | | between the
entitled annuity and the actual annuity shall | 20 | | be credited to the purchase of
the optional credit. The | 21 | | remainder of the purchase cost of the optional credit
shall | 22 | | be paid on or before April 1, 1992.
| 23 | | The change in this paragraph made by Public Act 86-273 | 24 | | shall
be applicable to teachers who retire after June 1, | 25 | | 1989, as well as to
teachers who are in service on that | 26 | | date.
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| 1 | | (6) Any days of unused and uncompensated accumulated | 2 | | sick leave earned
by a teacher. The service credit granted | 3 | | under this paragraph shall be the
ratio of the number of | 4 | | unused and uncompensated accumulated sick leave days
to 170 | 5 | | days, subject to a maximum of 2 years of service
credit. | 6 | | Prior to the member's retirement, each former employer | 7 | | shall
certify to the System the number of unused and | 8 | | uncompensated accumulated
sick leave days credited to the | 9 | | member at the time of termination of service.
The period of | 10 | | unused sick leave shall not be considered in determining
| 11 | | the effective date of retirement. A member is not required | 12 | | to make
contributions in order to obtain service credit for | 13 | | unused sick leave.
| 14 | | Credit for sick leave shall, at retirement, be granted | 15 | | by the System
for any retiring regional or assistant | 16 | | regional superintendent of schools
at the rate of 6 days | 17 | | per year of creditable service or portion thereof
| 18 | | established while serving as such superintendent or | 19 | | assistant
superintendent.
| 20 | | (7) Periods prior to February 1, 1987 served as an | 21 | | employee of the
Illinois Mathematics and Science Academy | 22 | | for which credit has not been
terminated under Section | 23 | | 15-113.9 of this Code.
| 24 | | (8) Service as a substitute teacher for work performed
| 25 | | prior to July 1, 1990.
| 26 | | (9) Service as a part-time teacher for work performed
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| 1 | | prior to July 1, 1990.
| 2 | | (10) Up to 2 years of employment with Southern Illinois | 3 | | University -
Carbondale from September 1, 1959 to August | 4 | | 31, 1961, or with Governors
State University from September | 5 | | 1, 1972 to August 31, 1974, for which the
teacher has no | 6 | | credit under Article 15. To receive credit under this item
| 7 | | (10), a teacher must apply in writing to the Board and pay | 8 | | the required
contributions before May 1, 1993 and have at | 9 | | least 12 years of service
credit under this Article.
| 10 | | (b-1) A member may establish optional credit for up to 2 | 11 | | years of service
as a teacher or administrator employed by a | 12 | | private school recognized by the
Illinois State Board of | 13 | | Education, provided that the teacher (i) was certified
under | 14 | | the law governing the certification of teachers at the time the | 15 | | service
was rendered, (ii) applies in writing on or before June | 16 | | 30, 2021 on or after August 1, 2009 and on or before
August 1, | 17 | | 2012 , (iii) supplies satisfactory evidence of the employment, | 18 | | (iv)
completes at least 10 years of contributing service as a | 19 | | teacher as defined in
Section 16-106, and (v) pays the | 20 | | contribution required in subsection (d-5) of
Section 16-128. | 21 | | The member may apply for credit under this subsection and pay
| 22 | | the required contribution before completing the 10 years of | 23 | | contributing
service required under item (iv), but the credit | 24 | | may not be used until the
item (iv) contributing service | 25 | | requirement has been met.
| 26 | | (c) The service credits specified in this Section shall be |
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| 1 | | granted only
if: (1) such service credits are not used for | 2 | | credit in any other statutory
tax-supported public employee | 3 | | retirement system other than the federal Social
Security | 4 | | program; and (2) the member makes the required contributions as
| 5 | | specified in Section 16-128. Except as provided in subsection | 6 | | (b-1) of
this Section, the service credit shall be effective as | 7 | | of the date the
required contributions are completed.
| 8 | | Any service credits granted under this Section shall | 9 | | terminate upon
cessation of membership for any cause.
| 10 | | Credit may not be granted under this Section covering any | 11 | | period for
which an age retirement or disability retirement | 12 | | allowance has been paid.
| 13 | | Credit may not be granted under this Section for service as | 14 | | an employee of an entity that provides substitute teaching | 15 | | services under Section 2-3.173 of the School Code and is not a | 16 | | school district. | 17 | | (Source: P.A. 100-813, eff. 8-13-18.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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