Full Text of HB0751 100th General Assembly
HB0751enr 100TH GENERAL ASSEMBLY |
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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 | | Sections 16-150.1 and 16-203 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, 2019 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 93rd
General Assembly.
| 24 | | (Source: P.A. 94-129, eff. 7-7-05; 95-910, eff. 8-26-08.)
| 25 | | (40 ILCS 5/16-203) |
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| 1 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 2 | | which has been held unconstitutional)
| 3 | | Sec. 16-203. Application and expiration of new benefit | 4 | | increases. | 5 | | (a) As used in this Section, "new benefit increase" means | 6 | | an increase in the amount of any benefit provided under this | 7 | | Article, or an expansion of the conditions of eligibility for | 8 | | any benefit under this Article, that results from an amendment | 9 | | to this Code that takes effect after June 1, 2005 (the | 10 | | effective date of Public Act 94-4). "New benefit increase", | 11 | | however, does not include any benefit increase resulting from | 12 | | the changes made to this Article by Public Act 95-910 or by | 13 | | this amendatory Act of the 100th General Assembly this | 14 | | amendatory Act of the 95th General Assembly . | 15 | | (b) Notwithstanding any other provision of this Code or any | 16 | | subsequent amendment to this Code, every new benefit increase | 17 | | is subject to this Section and shall be deemed to be granted | 18 | | only in conformance with and contingent upon compliance with | 19 | | the provisions of this Section.
| 20 | | (c) The Public Act enacting a new benefit increase must | 21 | | identify and provide for payment to the System of additional | 22 | | funding at least sufficient to fund the resulting annual | 23 | | increase in cost to the System as it accrues. | 24 | | Every new benefit increase is contingent upon the General | 25 | | Assembly providing the additional funding required under this | 26 | | subsection. The Commission on Government Forecasting and |
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| 1 | | Accountability shall analyze whether adequate additional | 2 | | funding has been provided for the new benefit increase and | 3 | | shall report its analysis to the Public Pension Division of the | 4 | | Department of Insurance Financial and Professional Regulation . | 5 | | A new benefit increase created by a Public Act that does not | 6 | | include the additional funding required under this subsection | 7 | | is null and void. If the Public Pension Division determines | 8 | | that the additional funding provided for a new benefit increase | 9 | | under this subsection is or has become inadequate, it may so | 10 | | certify to the Governor and the State Comptroller and, in the | 11 | | absence of corrective action by the General Assembly, the new | 12 | | benefit increase shall expire at the end of the fiscal year in | 13 | | which the certification is made.
| 14 | | (d) Every new benefit increase shall expire 5 years after | 15 | | its effective date or on such earlier date as may be specified | 16 | | in the language enacting the new benefit increase or provided | 17 | | under subsection (c). This does not prevent the General | 18 | | Assembly from extending or re-creating a new benefit increase | 19 | | by law. | 20 | | (e) Except as otherwise provided in the language creating | 21 | | the new benefit increase, a new benefit increase that expires | 22 | | under this Section continues to apply to persons who applied | 23 | | and qualified for the affected benefit while the new benefit | 24 | | increase was in effect and to the affected beneficiaries and | 25 | | alternate payees of such persons, but does not apply to any | 26 | | other person, including without limitation a person who |
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| 1 | | continues in service after the expiration date and did not | 2 | | apply and qualify for the affected benefit while the new | 3 | | benefit increase was in effect.
| 4 | | (Source: P.A. 94-4, eff. 6-1-05; 95-910, eff. 8-26-08.) | 5 | | Section 90. The State Mandates Act is amended by adding | 6 | | Section 8.41 as follows: | 7 | | (30 ILCS 805/8.41 new) | 8 | | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | 9 | | of this Act, no reimbursement by the State is required for the | 10 | | implementation of any mandate created by this amendatory Act of | 11 | | the 100th General Assembly.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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