Full Text of HB5961 96th General Assembly
HB5961 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5961
Introduced 2/10/2010, by Rep. Kevin A. McCarthy SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/17-134 |
from Ch. 108 1/2, par. 17-134 |
30 ILCS 805/8.34 new |
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Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that the amount of unused sick time that may be included in calculating the retirement pension is a maximum of 340 days (rather than 244 days). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY |
PENSION IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
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A BILL FOR
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HB5961 |
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LRB096 20128 AMC 35664 b |
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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 |
| Section 17-134 as follows:
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| (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
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| Sec. 17-134. Contributions for leaves of absence; military | 8 |
| service;
computing service. In computing service for pension | 9 |
| purposes the following
periods of service shall stand in lieu | 10 |
| of a like number of years of teaching
service upon payment | 11 |
| therefor in the manner hereinafter provided: (a) time
spent on | 12 |
| a leave of absence granted by the
employer;
(b) service with | 13 |
| teacher or labor organizations based upon special
leaves of | 14 |
| absence therefor granted by an Employer; (c) a maximum of 5 | 15 |
| years
spent in the military service of the United States, of | 16 |
| which up to 2 years
may have been served outside the pension | 17 |
| period; (d) unused sick days at
termination of service to a | 18 |
| maximum of 340 244 days; (e) time lost due
to layoff and | 19 |
| curtailment of the school term from June 6 through June 21, | 20 |
| 1976;
and (f) time spent after June 30, 1982 as a member of the | 21 |
| Board of Education,
if required to resign from an | 22 |
| administrative or teaching position in order to
qualify as a | 23 |
| member of the Board of Education.
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HB5961 |
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LRB096 20128 AMC 35664 b |
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| (1) For time spent on or after September 6, 1948 on | 2 |
| sabbatical
leaves of absence or sick leaves, for which | 3 |
| salaries are paid, an Employer
shall make payroll | 4 |
| deductions at the applicable rates in effect
during such | 5 |
| periods.
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| (2) For time spent on a leave of absence granted by the | 7 |
| employer for which no salaries are paid,
teachers desiring | 8 |
| credit therefor shall pay the required contributions at the
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| rates in effect during such periods as though they were in | 10 |
| teaching service.
If an Employer pays salary for vacations | 11 |
| which occur during a teacher's sick
leave or maternity or | 12 |
| paternity leave without salary, vacation pay for which
the | 13 |
| teacher would have qualified while in active service shall | 14 |
| be considered
part of the teacher's total salary for | 15 |
| pension purposes. No more than 36 months of leave credit | 16 |
| may be
allowed any person during the entire term of | 17 |
| service. Sabbatical leave credit
shall be limited to the | 18 |
| time the person on leave without salary under an
Employer's | 19 |
| rules is allowed to engage in an activity for which he | 20 |
| receives
salary or compensation.
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| (3) For time spent prior to September 6, 1948, on | 22 |
| sabbatical
leaves of absence or sick leaves for which | 23 |
| salaries were paid, teachers
desiring service credit | 24 |
| therefor shall pay the required contributions at the
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| maximum applicable rates in effect during such periods.
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| (4) For service with teacher or labor organizations |
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HB5961 |
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LRB096 20128 AMC 35664 b |
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| authorized by special
leaves of absence, for which no | 2 |
| payroll deductions are made by an Employer,
teachers | 3 |
| desiring service credit therefor shall contribute to the | 4 |
| Fund upon
the basis of the actual salary received from such | 5 |
| organizations at the
percentage rates in effect during such | 6 |
| periods for certified positions with
such Employer. To the | 7 |
| extent the actual salary exceeds the regular salary,
which | 8 |
| shall be defined as the salary rate, as calculated by the | 9 |
| Board, in
effect for the teacher's regular position in | 10 |
| teaching service on September 1,
1983 or on the effective | 11 |
| date of the leave with the organization, whichever is
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| later, the organization shall pay to the Fund the | 13 |
| employer's normal cost as set
by the Board on the | 14 |
| increment.
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| (5) For time spent in the military service, teachers | 16 |
| entitled to and
desiring credit therefor shall contribute | 17 |
| the amount required for each year
of service or fraction | 18 |
| thereof at the rates in force (a) at the date of
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| appointment, or (b) on return to teaching service as a | 20 |
| regularly certified
teacher, as the case may be; provided | 21 |
| such rates shall not be less than $450
per year of service. | 22 |
| These conditions shall apply unless an Employer elects
to | 23 |
| and does pay into the Fund the amount which would have been | 24 |
| due from such
person had he been employed as a teacher | 25 |
| during such time. In the case of
credit for military | 26 |
| service not during the pension period, the teacher must
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LRB096 20128 AMC 35664 b |
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| also pay to the Fund an amount determined by the Board to | 2 |
| be equal to the
employer's normal cost of the benefits | 3 |
| accrued from such service, plus interest
thereon at 5% per | 4 |
| year, compounded annually, from the date of appointment to
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| the date of payment.
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| The changes to this Section made by Public Act 87-795 | 7 |
| shall apply
not only to persons who on or after its | 8 |
| effective
date are in service under the Fund, but also to | 9 |
| persons whose status as a
teacher terminated prior to that | 10 |
| date, whether or not the person is an
annuitant on that | 11 |
| date. In the case of an annuitant who applies for credit
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| allowable under this Section for a period of military | 13 |
| service that did not
immediately follow employment, and who | 14 |
| has made the required contributions for
such credit, the | 15 |
| annuity shall be recalculated to include the additional
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| service credit, with the increase taking effect on the date | 17 |
| the Fund received
written notification of the annuitant's | 18 |
| intent to purchase the credit, if
payment of all the | 19 |
| required contributions is made within 60 days of such
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| notice, or else on the first annuity payment date following | 21 |
| the date of
payment of the required contributions. In | 22 |
| calculating the automatic annual
increase for an annuity | 23 |
| that has been recalculated under this Section, the
increase | 24 |
| attributable to the additional service allowable under | 25 |
| this
amendatory Act of 1991 shall be included in the | 26 |
| calculation of automatic
annual increases accruing after |
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LRB096 20128 AMC 35664 b |
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| the effective date of the recalculation.
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| The total credit for military service shall not exceed | 3 |
| 5 years, except
that any teacher who on July 1, 1963, had | 4 |
| validated credit for more than 5
years of military service | 5 |
| shall be entitled to the total amount of such credit.
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| (6) A maximum of 244 unused sick days credited to his | 7 |
| account
by an Employer on the date of termination of | 8 |
| employment. Members, upon
verification of unused sick | 9 |
| days, may add this service time to total creditable
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| service.
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| (7) In all cases where time spent on leave is | 12 |
| creditable and
no payroll deductions therefor are made by | 13 |
| an Employer, persons
desiring service credit shall make the | 14 |
| required contributions directly to
the Fund.
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| (8) For time lost without pay due to layoff and | 16 |
| curtailment of
the school term from June 6 through June 21, | 17 |
| 1976, as provided in item (e) of
the first paragraph of | 18 |
| this Section, persons who were contributors on
the days | 19 |
| immediately preceding such layoff shall receive credit | 20 |
| upon
paying to the Fund a contribution based on the rates | 21 |
| of compensation and
employee contributions in effect at the | 22 |
| time of such layoff, together
with an additional amount | 23 |
| equal to 12.2% of the compensation computed
for such period | 24 |
| of layoff, plus interest on the entire amount at 5% per
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| annum from January 1, 1978 to the date of payment. If such | 26 |
| contribution
is paid, salary for pension purposes for any |
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LRB096 20128 AMC 35664 b |
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| year in which such a layoff
occurred shall include the | 2 |
| compensation recognized for purposes of
computing that | 3 |
| contribution.
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| (9) For time spent after June 30, 1982, as a | 5 |
| nonsalaried member
of the Board of Education, if required | 6 |
| to resign from an administrative or
teaching position in | 7 |
| order to qualify as a member of the Board of
Education, an | 8 |
| administrator or teacher desiring credit therefor shall | 9 |
| pay
the required contributions at the rates and salaries in | 10 |
| effect during such
periods as though the member were in | 11 |
| service.
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| Effective September 1, 1974, the interest charged for | 13 |
| validation of
service described in paragraphs (2) through (5) | 14 |
| of this Section shall be
compounded annually at a rate of 5% | 15 |
| commencing one
year after the termination of the leave or | 16 |
| return to service.
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| (Source: P.A. 92-599, eff. 6-28-02 .)
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| Section 90. The State Mandates Act is amended by adding | 19 |
| Section 8.34 as follows: | 20 |
| (30 ILCS 805/8.34 new) | 21 |
| Sec. 8.34. Exempt mandate. Notwithstanding Sections 6 and 8 | 22 |
| of this Act, no reimbursement by the State is required for the | 23 |
| implementation of any mandate created by this amendatory Act of | 24 |
| the 96th General Assembly.
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LRB096 20128 AMC 35664 b |
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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