Full Text of HB4536 95th General Assembly
HB4536enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning public employee benefits.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Pension Code is amended by changing | 5 |
| Sections 16-150.1 and 16-203 as follows:
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| (40 ILCS 5/16-150.1)
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| Sec. 16-150.1. Return to teaching in subject shortage area.
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| (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, 2013 2008 ,
in a subject shortage area at a | 11 |
| qualified school, in a position requiring
certification under | 12 |
| the law governing the certification of teachers.
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| As used in this Section, "qualified school" means a public | 14 |
| elementary or
secondary school that meets all of the following | 15 |
| requirements:
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| (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.
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| (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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| (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.
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| (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:
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| (1) the eligible employment does not begin within the | 13 |
| school year
during which service was terminated;
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| (2) the annuitant has not received any early retirement | 15 |
| incentive under
Section 16-133.3, 16-133.4, or 16-133.5;
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| (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;
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| (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
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| (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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| Section.
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| (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.
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| (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
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| group health benefits, and compliance with the laws governing | 12 |
| the employment,
regulation, certification, treatment, and | 13 |
| conduct of teachers.
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| 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.
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| (e) Before hiring a teacher under this Section, the school | 21 |
| district
to which the school belongs must do the following:
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| (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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| qualified to hold positions in the
subject shortage area | 2 |
| and have not yet begun to receive their retirement
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| annuities under this Article, the vacant positions must | 4 |
| first be tendered to
those teachers.
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| (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.
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| 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.
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| (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 93rd
General Assembly.
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| (Source: P.A. 93-320, eff. 7-23-03; 94-129, eff. 7-7-05.)
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| (40 ILCS 5/16-203)
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| Sec. 16-203. Application and expiration of new benefit | 2 |
| increases. | 3 |
| (a) As used in this Section, "new benefit increase" means | 4 |
| an increase in the amount of any benefit provided under this | 5 |
| Article, or an expansion of the conditions of eligibility for | 6 |
| any benefit under this Article, that results from an amendment | 7 |
| to this Code that takes effect after June 1, 2005 ( the | 8 |
| effective date of Public Act 94-4) this amendatory Act of the | 9 |
| 94th General Assembly . "New benefit increase", however, does | 10 |
| not include any benefit increase resulting from the changes | 11 |
| made to this Article by this amendatory Act of the 95th General | 12 |
| Assembly. | 13 |
| (b) Notwithstanding any other provision of this Code or any | 14 |
| subsequent amendment to this Code, every new benefit increase | 15 |
| is subject to this Section and shall be deemed to be granted | 16 |
| only in conformance with and contingent upon compliance with | 17 |
| the provisions of this Section.
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| (c) The Public Act enacting a new benefit increase must | 19 |
| identify and provide for payment to the System of additional | 20 |
| funding at least sufficient to fund the resulting annual | 21 |
| increase in cost to the System as it accrues. | 22 |
| Every new benefit increase is contingent upon the General | 23 |
| Assembly providing the additional funding required under this | 24 |
| subsection. The Commission on Government Forecasting and | 25 |
| Accountability shall analyze whether adequate additional | 26 |
| funding has been provided for the new benefit increase and |
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| shall report its analysis to the Public Pension Division of the | 2 |
| Department of Financial and Professional Regulation. A new | 3 |
| benefit increase created by a Public Act that does not include | 4 |
| the additional funding required under this subsection is null | 5 |
| and void. If the Public Pension Division determines that the | 6 |
| additional funding provided for a new benefit increase under | 7 |
| this subsection is or has become inadequate, it may so certify | 8 |
| to the Governor and the State Comptroller and, in the absence | 9 |
| of corrective action by the General Assembly, the new benefit | 10 |
| increase shall expire at the end of the fiscal year in which | 11 |
| the certification is made.
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| (d) Every new benefit increase shall expire 5 years after | 13 |
| its effective date or on such earlier date as may be specified | 14 |
| in the language enacting the new benefit increase or provided | 15 |
| under subsection (c). This does not prevent the General | 16 |
| Assembly from extending or re-creating a new benefit increase | 17 |
| by law. | 18 |
| (e) Except as otherwise provided in the language creating | 19 |
| the new benefit increase, a new benefit increase that expires | 20 |
| under this Section continues to apply to persons who applied | 21 |
| and qualified for the affected benefit while the new benefit | 22 |
| increase was in effect and to the affected beneficiaries and | 23 |
| alternate payees of such persons, but does not apply to any | 24 |
| other person, including without limitation a person who | 25 |
| continues in service after the expiration date and did not | 26 |
| apply and qualify for the affected benefit while the new |
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| benefit increase was in effect.
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| (Source: P.A. 94-4, eff. 6-1-05.) | 3 |
| Section 90. The State Mandates Act is amended by adding | 4 |
| Section 8.32 as follows: | 5 |
| (30 ILCS 805/8.32 new) | 6 |
| Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | 7 |
| of this Act, no reimbursement by the State is required for the | 8 |
| implementation of any mandate created by this amendatory Act of | 9 |
| the 95th General Assembly.
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| Section 99. Effective date. This Act takes effect upon | 11 |
| becoming law.
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