Illinois General Assembly - Full Text of SB3027
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Full Text of SB3027  101st General Assembly



SB3027 EngrossedLRB101 17945 RPS 67381 b

1    AN ACT concerning public employee benefits.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Pension Code is amended by changing
5Section 16-127 as follows:
6    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
7    Sec. 16-127. Computation of creditable service.
8    (a) Each member shall receive regular credit for all
9service as a teacher from the date membership begins, for which
10satisfactory evidence is supplied and all contributions have
11been paid.
12    (b) The following periods of service shall earn optional
13credit and each member shall receive credit for all such
14service for which satisfactory evidence is supplied and all
15contributions have been paid as of the date specified:
16        (1) Prior service as a teacher.
17        (2) Service in a capacity essentially similar or
18    equivalent to that of a teacher, in the public common
19    schools in school districts in this State not included
20    within the provisions of this System, or of any other
21    State, territory, dependency or possession of the United
22    States, or in schools operated by or under the auspices of
23    the United States, or under the auspices of any agency or



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1    department of any other State, and service during any
2    period of professional speech correction or special
3    education experience for a public agency within this State
4    or any other State, territory, dependency or possession of
5    the United States, and service prior to February 1, 1951 as
6    a recreation worker for the Illinois Department of Public
7    Safety, for a period not exceeding the lesser of 2/5 of the
8    total creditable service of the member or 10 years. The
9    maximum service of 10 years which is allowable under this
10    paragraph shall be reduced by the service credit which is
11    validated by other retirement systems under paragraph (i)
12    of Section 15-113 and paragraph 1 of Section 17-133. Credit
13    granted under this paragraph may not be used in
14    determination of a retirement annuity or disability
15    benefits unless the member has at least 5 years of
16    creditable service earned subsequent to this employment
17    with one or more of the following systems: Teachers'
18    Retirement System of the State of Illinois, State
19    Universities Retirement System, and the Public School
20    Teachers' Pension and Retirement Fund of Chicago. Whenever
21    such service credit exceeds the maximum allowed for all
22    purposes of this Article, the first service rendered in
23    point of time shall be considered. The changes to this
24    subdivision (b)(2) made by Public Act 86-272 shall apply
25    not only to persons who on or after its effective date
26    (August 23, 1989) are in service as a teacher under the



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1    System, but also to persons whose status as such a teacher
2    terminated prior to such effective date, whether or not
3    such person is an annuitant on that date.
4        (3) Any periods immediately following teaching
5    service, under this System or under Article 17, (or
6    immediately following service prior to February 1, 1951 as
7    a recreation worker for the Illinois Department of Public
8    Safety) spent in active service with the military forces of
9    the United States; periods spent in educational programs
10    that prepare for return to teaching sponsored by the
11    federal government following such active military service;
12    if a teacher returns to teaching service within one
13    calendar year after discharge or after the completion of
14    the educational program, a further period, not exceeding
15    one calendar year, between time spent in military service
16    or in such educational programs and the return to
17    employment as a teacher under this System; and a period of
18    up to 2 years of active military service not immediately
19    following employment as a teacher.
20        The changes to this Section and Section 16-128 relating
21    to military service made by P.A. 87-794 shall apply not
22    only to persons who on or after its effective date are in
23    service as a teacher under the System, but also to persons
24    whose status as a teacher terminated prior to that date,
25    whether or not the person is an annuitant on that date. In
26    the case of an annuitant who applies for credit allowable



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1    under this Section for a period of military service that
2    did not immediately follow employment, and who has made the
3    required contributions for such credit, the annuity shall
4    be recalculated to include the additional service credit,
5    with the increase taking effect on the date the System
6    received written notification of the annuitant's intent to
7    purchase the credit, if payment of all the required
8    contributions is made within 60 days of such notice, or
9    else on the first annuity payment date following the date
10    of payment of the required contributions. In calculating
11    the automatic annual increase for an annuity that has been
12    recalculated under this Section, the increase attributable
13    to the additional service allowable under P.A. 87-794 shall
14    be included in the calculation of automatic annual
15    increases accruing after the effective date of the
16    recalculation.
17        Credit for military service shall be determined as
18    follows: if entry occurs during the months of July, August,
19    or September and the member was a teacher at the end of the
20    immediately preceding school term, credit shall be granted
21    from July 1 of the year in which he or she entered service;
22    if entry occurs during the school term and the teacher was
23    in teaching service at the beginning of the school term,
24    credit shall be granted from July 1 of such year. In all
25    other cases where credit for military service is allowed,
26    credit shall be granted from the date of entry into the



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1    service.
2        The total period of military service for which credit
3    is granted shall not exceed 5 years for any member unless
4    the service: (A) is validated before July 1, 1964, and (B)
5    does not extend beyond July 1, 1963. Credit for military
6    service shall be granted under this Section only if not
7    more than 5 years of the military service for which credit
8    is granted under this Section is used by the member to
9    qualify for a military retirement allotment from any branch
10    of the armed forces of the United States. The changes to
11    this subdivision (b)(3) made by Public Act 86-272 shall
12    apply not only to persons who on or after its effective
13    date (August 23, 1989) are in service as a teacher under
14    the System, but also to persons whose status as such a
15    teacher terminated prior to such effective date, whether or
16    not such person is an annuitant on that date.
17        (4) Any periods served as a member of the General
18    Assembly.
19        (5)(i) Any periods for which a teacher, as defined in
20    Section 16-106, is granted a leave of absence, provided he
21    or she returns to teaching service creditable under this
22    System or the State Universities Retirement System
23    following the leave; (ii) periods during which a teacher is
24    involuntarily laid off from teaching, provided he or she
25    returns to teaching following the lay-off; (iii) periods
26    prior to July 1, 1983 during which a teacher ceased covered



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1    employment due to pregnancy, provided that the teacher
2    returned to teaching service creditable under this System
3    or the State Universities Retirement System following the
4    pregnancy and submits evidence satisfactory to the Board
5    documenting that the employment ceased due to pregnancy;
6    and (iv) periods prior to July 1, 1983 during which a
7    teacher ceased covered employment for the purpose of
8    adopting an infant under 3 years of age or caring for a
9    newly adopted infant under 3 years of age, provided that
10    the teacher returned to teaching service creditable under
11    this System or the State Universities Retirement System
12    following the adoption and submits evidence satisfactory
13    to the Board documenting that the employment ceased for the
14    purpose of adopting an infant under 3 years of age or
15    caring for a newly adopted infant under 3 years of age.
16    However, total credit under this paragraph (5) may not
17    exceed 3 years.
18        Any qualified member or annuitant may apply for credit
19    under item (iii) or (iv) of this paragraph (5) without
20    regard to whether service was terminated before the
21    effective date of this amendatory Act of 1997. In the case
22    of an annuitant who establishes credit under item (iii) or
23    (iv), the annuity shall be recalculated to include the
24    additional service credit. The increase in annuity shall
25    take effect on the date the System receives written
26    notification of the annuitant's intent to purchase the



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1    credit, if the required evidence is submitted and the
2    required contribution paid within 60 days of that
3    notification, otherwise on the first annuity payment date
4    following the System's receipt of the required evidence and
5    contribution. The increase in an annuity recalculated
6    under this provision shall be included in the calculation
7    of automatic annual increases in the annuity accruing after
8    the effective date of the recalculation.
9        Optional credit may be purchased under this subsection
10    (b)(5) for periods during which a teacher has been granted
11    a leave of absence pursuant to Section 24-13 of the School
12    Code. A teacher whose service under this Article terminated
13    prior to the effective date of P.A. 86-1488 shall be
14    eligible to purchase such optional credit. If a teacher who
15    purchases this optional credit is already receiving a
16    retirement annuity under this Article, the annuity shall be
17    recalculated as if the annuitant had applied for the leave
18    of absence credit at the time of retirement. The difference
19    between the entitled annuity and the actual annuity shall
20    be credited to the purchase of the optional credit. The
21    remainder of the purchase cost of the optional credit shall
22    be paid on or before April 1, 1992.
23        The change in this paragraph made by Public Act 86-273
24    shall be applicable to teachers who retire after June 1,
25    1989, as well as to teachers who are in service on that
26    date.



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1        (6) Any days of unused and uncompensated accumulated
2    sick leave earned by a teacher. The service credit granted
3    under this paragraph shall be the ratio of the number of
4    unused and uncompensated accumulated sick leave days to 170
5    days, subject to a maximum of 2 years of service credit.
6    Prior to the member's retirement, each former employer
7    shall certify to the System the number of unused and
8    uncompensated accumulated sick leave days credited to the
9    member at the time of termination of service. The period of
10    unused sick leave shall not be considered in determining
11    the effective date of retirement. A member is not required
12    to make contributions in order to obtain service credit for
13    unused sick leave.
14        Credit for sick leave shall, at retirement, be granted
15    by the System for any retiring regional or assistant
16    regional superintendent of schools at the rate of 6 days
17    per year of creditable service or portion thereof
18    established while serving as such superintendent or
19    assistant superintendent.
20        (7) Periods prior to February 1, 1987 served as an
21    employee of the Illinois Mathematics and Science Academy
22    for which credit has not been terminated under Section
23    15-113.9 of this Code.
24        (8) Service as a substitute teacher for work performed
25    prior to July 1, 1990.
26        (9) Service as a part-time teacher for work performed



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1    prior to July 1, 1990.
2        (10) Up to 2 years of employment with Southern Illinois
3    University - Carbondale from September 1, 1959 to August
4    31, 1961, or with Governors State University from September
5    1, 1972 to August 31, 1974, for which the teacher has no
6    credit under Article 15. To receive credit under this item
7    (10), a teacher must apply in writing to the Board and pay
8    the required contributions before May 1, 1993 and have at
9    least 12 years of service credit under this Article.
10    (b-1) A member may establish optional credit for up to 2
11years of service as a teacher or administrator employed by a
12private school recognized by the Illinois State Board of
13Education, provided that the teacher (i) was certified under
14the law governing the certification of teachers at the time the
15service was rendered, (ii) applies in writing on or before June
1630, 2021 on or after August 1, 2009 and on or before August 1,
172012, (iii) supplies satisfactory evidence of the employment,
18(iv) completes at least 10 years of contributing service as a
19teacher as defined in Section 16-106, and (v) pays the
20contribution required in subsection (d-5) of Section 16-128.
21The member may apply for credit under this subsection and pay
22the required contribution before completing the 10 years of
23contributing service required under item (iv), but the credit
24may not be used until the item (iv) contributing service
25requirement has been met.
26    (c) The service credits specified in this Section shall be



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1granted only if: (1) such service credits are not used for
2credit in any other statutory tax-supported public employee
3retirement system other than the federal Social Security
4program; and (2) the member makes the required contributions as
5specified in Section 16-128. Except as provided in subsection
6(b-1) of this Section, the service credit shall be effective as
7of the date the required contributions are completed.
8    Any service credits granted under this Section shall
9terminate upon cessation of membership for any cause.
10    Credit may not be granted under this Section covering any
11period for which an age retirement or disability retirement
12allowance has been paid.
13    Credit may not be granted under this Section for service as
14an employee of an entity that provides substitute teaching
15services under Section 2-3.173 of the School Code and is not a
16school district.
17(Source: P.A. 100-813, eff. 8-13-18.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.