Full Text of HB3633 98th General Assembly
HB3633 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3633 Introduced , by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
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Amends the Downstate Teacher Article of the Illinois Pension Code. In a Section relating to return to teaching in a subject shortage area without loss of retirement annuity, extends the eligible employment period through June 30, 2018. Effective immediately.
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| | | PENSION IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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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 16-150.1 as follows:
| 6 | | (40 ILCS 5/16-150.1)
| 7 | | Sec. 16-150.1. Return to teaching in subject shortage area.
| 8 | | (a) As used in this Section, "eligible employment" means | 9 | | employment
beginning on or after July 1, 2003 and ending no | 10 | | later than June 30, 2018 2013 ,
in a subject shortage area at a | 11 | | qualified school, in a position requiring
certification under | 12 | | the law governing the certification of teachers.
| 13 | | As used in this Section, "qualified school" means a public | 14 | | elementary or
secondary school that meets all of the following | 15 | | requirements:
| 16 | | (1) At the time of hiring a retired teacher under this | 17 | | Section, the
school is experiencing a shortage of teachers | 18 | | in the subject shortage area
for which the teacher is | 19 | | hired.
| 20 | | (2) The school district to which the school belongs has | 21 | | complied with
the requirements of subsection (e), and the | 22 | | regional superintendent has
certified that compliance to | 23 | | the System.
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| 1 | | (3) If the school district to which the school belongs | 2 | | provides group
health benefits for its teachers generally, | 3 | | substantially similar health
benefits are made available | 4 | | for teachers participating in the program under
this | 5 | | Section, without any limitations based on pre-existing | 6 | | conditions.
| 7 | | (b) An annuitant receiving a retirement annuity under this | 8 | | Article
(other than a disability retirement annuity) may engage | 9 | | in eligible
employment at a qualified school without impairing | 10 | | his or her retirement
status or retirement annuity, subject to | 11 | | the following conditions:
| 12 | | (1) the eligible employment does not begin within the | 13 | | school year
during which service was terminated;
| 14 | | (2) the annuitant has not received any early retirement | 15 | | incentive under
Section 16-133.3, 16-133.4, or 16-133.5;
| 16 | | (3) if the annuitant retired before age 60 and with | 17 | | less than 34 years
of service, the eligible employment does | 18 | | not begin within the year following
the effective date of | 19 | | the retirement annuity;
| 20 | | (4) if the annuitant retired at age 60 or above or with | 21 | | 34 or more
years of service, the eligible employment does | 22 | | not begin within the 90 days
following the effective date | 23 | | of the retirement annuity; and
| 24 | | (5) before the eligible employment begins, the | 25 | | employer notifies the
System in writing of the annuitant's | 26 | | desire to participate in the program
established under this |
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| 1 | | Section.
| 2 | | (c) An annuitant engaged in eligible employment in | 3 | | accordance with
subsection (b) shall be deemed a participant in | 4 | | the program established
under this Section for so long as he or | 5 | | she remains employed in eligible
employment.
| 6 | | (d) A participant in the program established under this | 7 | | Section continues
to be a retirement annuitant, rather than an | 8 | | active teacher, for all of the
purposes of this Code, but shall | 9 | | be deemed an active teacher for other
purposes, such as | 10 | | inclusion in a collective bargaining unit, eligibility for
| 11 | | group health benefits, and compliance with the laws governing | 12 | | the employment,
regulation, certification, treatment, and | 13 | | conduct of teachers.
| 14 | | With respect to an annuitant's eligible employment under | 15 | | this Section,
neither employee nor employer contributions | 16 | | shall be made to the System and
no additional service credit | 17 | | shall be earned. Eligible employment does not
affect the | 18 | | annuitant's final average salary or the amount of the | 19 | | retirement
annuity.
| 20 | | (e) Before hiring a teacher under this Section, the school | 21 | | district
to which the school belongs must do the following:
| 22 | | (1) If the school district to which the school belongs | 23 | | has honorably
dismissed, within the calendar year | 24 | | preceding the beginning of the school term
for which it | 25 | | seeks to employ a retired teacher under the program | 26 | | established in
this Section, any teachers who are legally |
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| 1 | | qualified to hold positions in the
subject shortage area | 2 | | and have not yet begun to receive their retirement
| 3 | | annuities under this Article, the vacant positions must | 4 | | first be tendered to
those teachers.
| 5 | | (2) For a period of at least 90 days
during the 6 | 6 | | months preceding the beginning of either the fall or spring | 7 | | term for which
it seeks to employ a retired teacher under | 8 | | the program established in this
Section, the school | 9 | | district must, on an ongoing basis, both (i) advertise
its | 10 | | vacancies in the subject shortage area in a newspaper of | 11 | | general
circulation in the area in which the school is | 12 | | located and in employment
bulletins published by college | 13 | | and university placement offices located near
the school; | 14 | | and (ii) search for teachers legally qualified to fill | 15 | | those
vacancies through the Illinois Education Job Bank.
| 16 | | The school district must submit documentation of its | 17 | | compliance with this
subsection to the regional | 18 | | superintendent. Upon receiving satisfactory
documentation from | 19 | | the school district, the regional superintendent shall
certify | 20 | | the district's compliance with this subsection to the System.
| 21 | | (f) This Section applies without regard to whether the | 22 | | annuitant was in
service on or after the effective date of this | 23 | | amendatory Act of the 98th 93rd
General Assembly.
| 24 | | (Source: P.A. 94-129, eff. 7-7-05; 95-910, eff. 8-26-08.)
| 25 | | Section 99. Effective date. This Act takes effect upon | 26 | | becoming law.
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