Full Text of HB3865 97th General Assembly
HB3865eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the 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 16-106 and by adding Section 16-106.4 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 in | 11 | | 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 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, |
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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 Employees'
| 8 | | Retirement System pursuant to Section 14-108.2c of this | 9 | | 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 in
| 15 | | 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;
| 21 | | (5) Any person employed by the retirement system
who:
| 22 | | (i) was an employee of and a participant in the | 23 | | system on August 17,
2001 (the effective date of Public | 24 | | Act 92-416), or
| 25 | | (ii) becomes an employee of the system on or after | 26 | | August 17, 2001;
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| 1 | | (6) Any educational, administrative, professional or | 2 | | other staff
employed by and under the supervision and | 3 | | control of a regional
superintendent of schools, provided | 4 | | such employment position requires the
person to be | 5 | | certificated under the law governing the certification of
| 6 | | teachers and is in an educational program serving 2 or more | 7 | | districts in
accordance with a joint agreement authorized | 8 | | by the School Code or by federal
legislation;
| 9 | | (7) Any educational, administrative, professional or | 10 | | other staff employed
in an educational program serving 2 or | 11 | | more school districts in accordance
with a joint agreement | 12 | | authorized by the School Code or by federal
legislation and | 13 | | in a position requiring certification under the laws
| 14 | | governing the certification of teachers;
| 15 | | (8) Any officer or employee of a statewide teacher | 16 | | organization or
officer of a national teacher organization | 17 | | who is certified under the law
governing certification of | 18 | | teachers, provided: (i) the individual had
previously | 19 | | established creditable service under this Article, (ii) | 20 | | the
individual files with the system an irrevocable | 21 | | election to become a member,
and (iii) the individual does | 22 | | not receive credit for such service under any
other Article | 23 | | of this Code , and (iv) the individual was a member of the | 24 | | System before the effective date of this amendatory Act of | 25 | | the 97th General Assembly ;
| 26 | | (9) Any educational, administrative, professional, or |
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| 1 | | other staff
employed in a charter school operating in | 2 | | compliance with the Charter
Schools Law who is certificated | 3 | | under the law governing the certification
of teachers.
| 4 | | (10) Any person employed, on the effective date of this | 5 | | amendatory Act of the 94th General Assembly, by the | 6 | | Macon-Piatt Regional Office of Education in a | 7 | | birth-through-age-three pilot program receiving funds | 8 | | under Section 2-389 of the School Code who is required by | 9 | | the Macon-Piatt Regional Office of Education to hold a | 10 | | teaching certificate, provided that the Macon-Piatt | 11 | | Regional Office of Education makes an election, within 6 | 12 | | months after the effective date of this amendatory Act of | 13 | | the 94th General Assembly, to have the person participate | 14 | | in the system. Any service established prior to the | 15 | | effective date of this amendatory Act of the 94th General | 16 | | Assembly for service as an employee of the Macon-Piatt | 17 | | Regional Office of Education in a birth-through-age-three | 18 | | pilot program receiving funds under Section 2-389 of the | 19 | | School Code shall be considered service as a teacher if | 20 | | employee and employer contributions have been received by | 21 | | the system and the system has not refunded those | 22 | | contributions.
| 23 | | An annuitant receiving a retirement annuity under this | 24 | | Article or under
Article 17 of this Code who is employed by a | 25 | | board of education
or other employer as permitted under Section | 26 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this |
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| 1 | | Article. A person who
has received a single-sum retirement | 2 | | benefit under Section 16-136.4 of this
Article is not a | 3 | | "teacher" for purposes of this Article. | 4 | | A person who is a teacher as described in item (8) of this | 5 | | Section may establish service credit for similar employment | 6 | | prior to becoming certified as a teacher if he or she (i) is | 7 | | certified as a teacher on or before the effective date of this | 8 | | amendatory Act of the 94th General Assembly, (ii) applies in | 9 | | writing to the system within 6 months after the effective date | 10 | | of this amendatory Act of the 94th General Assembly, and (iii) | 11 | | pays to the system contributions equal to the normal costs | 12 | | calculated from the date of first full-time employment as | 13 | | described in item (8) to the date of payment, compounded | 14 | | annually at the rate of 8.5% per year for periods before the | 15 | | effective date of this amendatory Act of the 94th General | 16 | | Assembly and for subsequent periods at a rate equal to the | 17 | | System's actuarially assumed rate of return on investments. | 18 | | However, credit shall not be granted under this paragraph for | 19 | | any such prior employment for which the applicant received | 20 | | credit under any other provision of this Code.
| 21 | | (Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
| 22 | | (40 ILCS 5/16-106.4 new) | 23 | | Sec. 16-106.4. Forfeiture of service credit; refund of | 24 | | contributions. Any person whose membership in the Teachers' | 25 | | Retirement System of the State of Illinois is derived solely |
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| 1 | | from employment as a substitute teacher and employment with a | 2 | | statewide teacher organization shall forfeit service credit in | 3 | | the Teachers' Retirement System of the State of Illinois and | 4 | | shall receive a refund of the employee contributions and an | 5 | | amount deemed by the board to be equal to the investment | 6 | | returns attributed to the employee contributions.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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