State of Illinois
90th General Assembly

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[ Introduced ]


      40 ILCS 5/17-106          from Ch. 108 1/2, par. 17-106
      40 ILCS 5/17-149          from Ch. 108 1/2, par. 17-149
      30 ILCS 805/8.21 new
          Amends the Chicago Teacher Article of the  Pension  Code.
      Clarifies that pensioners may return to temporary teaching in
      the City for up to 100 days per year (not 75) without loss of
      pension  benefits; makes this provision retroactive to August
      23,  1989.   Amends  the  State  Mandates  Act   to   require
      implementation without reimbursement.  Effective immediately.
HB0409 Engrossed                               LRB9001755EGfg
 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Sections 17-106 and 17-149 and to amend  the  State  Mandates
 3    Act.
 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:
 6        Section 5.  The  Illinois  Pension  Code  is  amended  by
 7    changing Sections 17-106 and 17-149 as follows:
 8        (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
 9        Sec.    17-106.    Contributor,    member   or   teacher.
10    "Contributor", "member" or "teacher":   All  members  of  the
11    teaching  force  of the city, including principals, assistant
12    principals, the general  superintendent  of  schools,  deputy
13    superintendents  of  schools,  associate  superintendents  of
14    schools,  assistant  and district superintendents of schools,
15    members of the Board of Examiners, all  other  persons  whose
16    employment  requires  a  teaching  certificate  issued by the
17    Board  of   Examiners,   any   educational,   administrative,
18    professional,  or  other  staff  employed in a charter school
19    operating in compliance with the Charter Schools Law  who  is
20    certified  under  the  law  governing  the  certification  of
21    teachers,  and  employees  of  the  Board  of  Trustees,  but
22    excluding  persons  contributing  concurrently  to  any other
23    public employee  pension  system  in  Illinois  or  receiving
24    retirement  pensions  under  another  Article  of  this  Code
25    (unless the person's eligibility to participate in that other
26    pension  system arises from the holding of an elective public
27    office, and the person has held that  public  office  for  at
28    least  10  years),  persons  employed on an hourly basis, and
29    persons receiving pensions from the  fund  who  are  employed
30    temporarily by the Board of Education for 100 75 days or less
31    in any school year and not on an annual basis.
HB0409 Engrossed            -2-                LRB9001755EGfg
 1        In the case of a person who has been making contributions
 2    and  otherwise  participating  in  this  Fund  prior  to  the
 3    effective  date  of  this  amendatory  Act of 1991, and whose
 4    right to participate in the Fund is established or  confirmed
 5    by this amendatory Act, such prior participation in the Fund,
 6    including  all  contributions  previously  made  and  service
 7    credits   previously   earned   by  the  person,  are  hereby
 8    validated.
 9    (Source: P.A. 89-450, eff. 4-10-96.)
10        (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
11        Sec. 17-149. Cancellation of pensions.
12        If  any  person  receiving  a   service   or   disability
13    retirement  pension from the fund is re-employed as a teacher
14    by the Board of Education, the pension shall be cancelled  on
15    the  date  the re-employment begins, or on the first day of a
16    payroll  period  for  which  service  credit  was  validated,
17    whichever is earlier.  However, beginning  August  23,  1989,
18    the  pension  shall  not  be  cancelled  in case of a service
19    retirement pensioner who is temporarily re-employed  for  not
20    more  than 100 75 days during any school year or on an hourly
21    basis and is not a contributor, provided the  pensioner  does
22    not  receive salary in any school year of an amount more than
23    that  payable  to  a  substitute  teacher  for  100  75  days
24    employment.   A   service   retirement   pensioner   who   is
25    temporarily re-employed for not more than 100 days during any
26    school  year  or on an hourly basis shall be entitled, at the
27    end of the school year, to a refund of any contributions made
28    to the fund during that school year.
29        If the pensioner does receive salary from  the  Board  of
30    Education  in  any  school  year  for  more  than 100 75 days
31    employment and then is reinstated as  a  contributor  to  the
32    fund,  the  pensioner  shall  be  deemed  to have returned to
33    service   on   the   first   day   of   employment    as    a
HB0409 Engrossed            -3-                LRB9001755EGfg
 1    pensioner-substitute.  The pensioner shall reimburse the fund
 2    for pension payments received after the return to service and
 3    shall   pay  to  the  fund  the  participant's  contributions
 4    prescribed in Section 17-130 of this Article.
 5        If the date  of  re-employment  occurs  within  5  school
 6    months  after  the  date of previous retirement, exclusive of
 7    any vacation period, the member shall be deemed to have  been
 8    out  of service only temporarily and not permanently retired.
 9    Such person shall be entitled to  pension  payments  for  the
10    time  he  could  have been employed as a teacher and received
11    salary, but shall not be entitled to pension  for  or  during
12    the summer vacation prior to his return to service.
13        When  the  member  again  retires on pension, the time of
14    service and the money contributed by him during re-employment
15    shall be added to the time  and  money  previously  credited.
16    Such  person  must  acquire 3 consecutive years of additional
17    contributing service before he may retire again on a  pension
18    at  a  rate and under conditions other than those in force or
19    attained at the time of his previous retirement.
20        Notwithstanding Sections 1-103.1 and 17-157, the  changes
21    to  this  Section  made  by this amendatory Act of 1997 shall
22    apply  without  regard  to  whether  termination  of  service
23    occurred before the effective date of this amendatory Act and
24    shall apply retroactively to August 23, 1989.
25    (Source: P.A. 76-742.)
26        Section 90.  The State Mandates Act is amended by  adding
27    Section 8.21 as follows:
28        (30 ILCS 805/8.21 new)
29        Sec.  8.21.  Exempt  mandate.  Notwithstanding Sections 6
30    and 8 of this Act, no reimbursement by the State is  required
31    for  the  implementation  of  any  mandate  created  by  this
32    amendatory Act of 1997.
HB0409 Engrossed            -4-                LRB9001755EGfg
 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.

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