Full Text of HB3870 097th General Assembly
HB3870 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3870 Introduced 11/2/2011, by Rep. Richard Morthland - David Harris - Jack D. Franks SYNOPSIS AS INTRODUCED: |
|
40 ILCS 5/16-106 | from Ch. 108 1/2, par. 16-106 |
|
Amends the Downstate Teachers Article of the Illinois Pension Code. Provides that if a teacher has not, before the effective date of the amendatory Act, availed himself or herself of the opportunity to establish service credit for similar employment under a specific provision of the Code, then he or she must, on or before that date, pay to the Teachers' Retirement System of the State of Illinois all contributions that must ordinarily be paid in order to establish that credit. Effective immediately.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
|
| | | HB3870 | | LRB097 14331 JDS 59133 b |
|
| 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 16-106 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 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, |
| | | HB3870 | - 2 - | LRB097 14331 JDS 59133 b |
|
| 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;
|
| | | HB3870 | - 3 - | LRB097 14331 JDS 59133 b |
|
| 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;
| 24 | | (9) Any educational, administrative, professional, or | 25 | | other staff
employed in a charter school operating in | 26 | | compliance with the Charter
Schools Law who is certificated |
| | | HB3870 | - 4 - | LRB097 14331 JDS 59133 b |
|
| 1 | | under the law governing the certification
of teachers.
| 2 | | (10) Any person employed, on the effective date of this | 3 | | amendatory Act of the 94th General Assembly, by the | 4 | | Macon-Piatt Regional Office of Education in a | 5 | | birth-through-age-three pilot program receiving funds | 6 | | under Section 2-389 of the School Code who is required by | 7 | | the Macon-Piatt Regional Office of Education to hold a | 8 | | teaching certificate, provided that the Macon-Piatt | 9 | | Regional Office of Education makes an election, within 6 | 10 | | months after the effective date of this amendatory Act of | 11 | | the 94th General Assembly, to have the person participate | 12 | | in the system. Any service established prior to the | 13 | | effective date of this amendatory Act of the 94th General | 14 | | Assembly for service as an employee of the Macon-Piatt | 15 | | Regional Office of Education in a birth-through-age-three | 16 | | pilot program receiving funds under Section 2-389 of the | 17 | | School Code shall be considered service as a teacher if | 18 | | employee and employer contributions have been received by | 19 | | the system and the system has not refunded those | 20 | | contributions.
| 21 | | An annuitant receiving a retirement annuity under this | 22 | | Article or under
Article 17 of this Code who is employed by a | 23 | | board of education
or other employer as permitted under Section | 24 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 25 | | Article. A person who
has received a single-sum retirement | 26 | | benefit under Section 16-136.4 of this
Article is not a |
| | | HB3870 | - 5 - | LRB097 14331 JDS 59133 b |
|
| 1 | | "teacher" for purposes of this Article. | 2 | | A person who is a teacher as described in item (8) of this | 3 | | Section may establish service credit for similar employment | 4 | | prior to becoming certified as a teacher if he or she (i) is | 5 | | certified as a teacher on or before the effective date of this | 6 | | amendatory Act of the 94th General Assembly, (ii) applies in | 7 | | writing to the system within 6 months after the effective date | 8 | | of this amendatory Act of the 94th General Assembly, and (iii) | 9 | | pays to the system contributions equal to the normal costs | 10 | | calculated from the date of first full-time employment as | 11 | | described in item (8) to the date of payment, compounded | 12 | | annually at the rate of 8.5% per year for periods before the | 13 | | effective date of this amendatory Act of the 94th General | 14 | | Assembly and for subsequent periods at a rate equal to the | 15 | | System's actuarially assumed rate of return on investments. | 16 | | However, credit shall not be granted under this paragraph for | 17 | | any such prior employment for which the applicant received | 18 | | credit under any other provision of this Code.
In addition, to | 19 | | qualify to receive service credit under this paragraph, a | 20 | | person who has not, before the effective date of this | 21 | | amendatory Act of the 97th General Assembly, exercised his or | 22 | | her rights under this paragraph must, on or before that date, | 23 | | pay to the System all contributions due under item (iii) of | 24 | | this paragraph.
| 25 | | (Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
| | | HB3870 | - 6 - | LRB097 14331 JDS 59133 b |
|
| 1 | | becoming law.
|
|