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90_HB0409eng 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. LRB9001755EGfg 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
75days 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 75days 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 75days 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 75days 31 employment and then is reinstated as a contributor to the32 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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