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90_SB1913
40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-127
40 ILCS 5/16-128 from Ch. 108 1/2, par. 16-128
Amends the Downstate Teacher Article of the Pension Code.
Provides that a person employed as a full-time instructor or
administrator at the Robert Crown Center in Hinsdale may
elect to participate in the System and may purchase service
credit for certain prior employment in that capacity.
Effective immediately.
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1 AN ACT to amend the Illinois Pension Code by changing
2 Sections 16-106, 16-127, and 16-128.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Sections 16-106, 16-127, and 16-128 as follows:
7 (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
8 Sec. 16-106. Teacher. "Teacher": The following
9 individuals, provided that, for employment prior to July 1,
10 1990, they are employed on a full-time basis, or if not
11 full-time, on a permanent and continuous basis in a position
12 in which services are expected to be rendered for at least
13 one school term:
14 (1) Any educational, administrative, professional
15 or other staff employed in the public common schools
16 included within this system in a position requiring
17 certification under the law governing the certification
18 of teachers;
19 (2) Any educational, administrative, professional
20 or other staff employed in any facility of the Department
21 of Children and Family Services or the Department of
22 Human Services, in a position requiring certification
23 under the law governing the certification of teachers,
24 and any person who (i) works in such a position for the
25 Department of Corrections, (ii) was a member of this
26 System on May 31, 1987, and (iii) did not elect to become
27 a member of the State Employees' Retirement System
28 pursuant to Section 14-108.2 of this Code;
29 (3) Any regional superintendent of schools,
30 assistant regional superintendent of schools, State
31 Superintendent of Education; any person employed by the
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1 State Board of Education as an executive; any executive
2 of the boards engaged in the service of public common
3 school education in school districts covered under this
4 system of which the State Superintendent of Education is
5 an ex-officio member;
6 (4) Any employee of a school board association
7 operating in compliance with Article 23 of the School
8 Code who is certificated under the law governing the
9 certification of teachers;
10 (5) Any person employed by the retirement system as
11 an executive, and any person employed by the retirement
12 system who is certificated under the law governing the
13 certification of teachers;
14 (6) Any educational, administrative, professional
15 or other staff employed by and under the supervision and
16 control of a regional superintendent of schools, provided
17 such employment position requires the person to be
18 certificated under the law governing the certification of
19 teachers and is in an educational program serving 2 or
20 more districts in accordance with a joint agreement
21 authorized by the School Code or by federal legislation;
22 (7) Any educational, administrative, professional
23 or other staff employed in an educational program
24 serving 2 or more school districts in accordance with a
25 joint agreement authorized by the School Code or by
26 federal legislation and in a position requiring
27 certification under the laws governing the certification
28 of teachers;
29 (8) Any officer or employee of a statewide teacher
30 organization or officer of a national teacher
31 organization who is certified under the law governing
32 certification of teachers, provided: (i) the individual
33 had previously established creditable service under this
34 Article, (ii) the individual files with the system an
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1 irrevocable election to become a member, and (iii) the
2 individual does not receive credit for such service under
3 any other Article of this Code;
4 (9) Any educational, administrative, professional,
5 or other staff employed in a charter school operating in
6 compliance with the Charter Schools Law who is
7 certificated under the law governing the certification of
8 teachers;.
9 (10) An individual who is employed on a full-time
10 basis as an instructor or administrator at the Robert
11 Crown Center in Hinsdale, provided that (i) the
12 individual is certificated under the law governing the
13 certification of teachers, (ii) the individual files with
14 the System an irrevocable election to participate in the
15 System, and (iii) the individual does not receive credit
16 for that employment under any other Article of this Code.
17 A teacher under this subsection (10) is responsible for
18 paying to the System both (1) employee contributions
19 based on the actual compensation received for service
20 with the Robert Crown Center and (2) employer
21 contributions at the rate specified by the Board, based
22 on the normal cost of the benefits accrued; all or any
23 part of these contributions may be paid by the employer
24 on the teacher's behalf or picked up for tax purposes (if
25 authorized under federal law) by the employer.
26 An annuitant receiving a retirement annuity under this
27 Article or under Article 17 of this Code who is temporarily
28 employed by a board of education or other employer not
29 exceeding that permitted under Section 16-118 is not a
30 "teacher" for purposes of this Article. A person who has
31 received a single-sum retirement benefit under Section
32 16-136.4 of this Article is not a "teacher" for purposes of
33 this Article.
34 (Source: P.A. 89-450, eff. 4-10-96; 89-507, eff. 7-1-97;
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1 90-14, eff. 7-1-97; 90-448, eff. 8-16-97.)
2 (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
3 Sec. 16-127. Computation of creditable service.
4 (a) Each member shall receive regular credit for all
5 service as a teacher from the date membership begins, for
6 which satisfactory evidence is supplied and all contributions
7 have been paid.
8 (b) The following periods of service shall earn optional
9 credit and each member shall receive credit for all such
10 service for which satisfactory evidence is supplied and all
11 contributions have been paid as of the date specified:
12 (1) Prior service as a teacher.
13 (2) Service in a capacity essentially similar or
14 equivalent to that of a teacher, in the public common
15 schools in school districts in this State not included
16 within the provisions of this System, or of any other
17 State, territory, dependency or possession of the United
18 States, or in schools operated by or under the auspices
19 of the United States, or under the auspices of any agency
20 or department of any other State, and service during any
21 period of professional speech correction or special
22 education experience for a public agency within this
23 State or any other State, territory, dependency or
24 possession of the United States, and service prior to
25 February 1, 1951 as a recreation worker for the Illinois
26 Department of Public Safety, for a period not exceeding
27 the lesser of 2/5 of the total creditable service of the
28 member or 10 years. The maximum service of 10 years
29 which is allowable under this paragraph shall be reduced
30 by the service credit which is validated by other
31 retirement systems under paragraph (i) of Section 15-113
32 and paragraph 1 of Section 17-133. Credit granted under
33 this paragraph may not be used in determination of a
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1 retirement annuity or disability benefits unless the
2 member has at least 5 years of creditable service earned
3 subsequent to this employment with one or more of the
4 following systems: Teachers' Retirement System of the
5 State of Illinois, State Universities Retirement System,
6 and the Public School Teachers' Pension and Retirement
7 Fund of Chicago. Whenever such service credit exceeds
8 the maximum allowed for all purposes of this Article, the
9 first service rendered in point of time shall be
10 considered. The changes to this subdivision (b)(2) made
11 by Public Act 86-272 shall apply not only to persons who
12 on or after its effective date (August 23, 1989) are in
13 service as a teacher under the System, but also to
14 persons whose status as such a teacher terminated prior
15 to such effective date, whether or not such person is an
16 annuitant on that date.
17 (3) Any periods immediately following teaching
18 service, under this System or under Article 17, (or
19 immediately following service prior to February 1, 1951
20 as a recreation worker for the Illinois Department of
21 Public Safety) spent in active service with the military
22 forces of the United States; periods spent in educational
23 programs that prepare for return to teaching sponsored by
24 the federal government following such active military
25 service; if a teacher returns to teaching service within
26 one calendar year after discharge or after the completion
27 of the educational program, a further period, not
28 exceeding one calendar year, between time spent in
29 military service or in such educational programs and the
30 return to employment as a teacher under this System; and
31 a period of up to 2 years of active military service not
32 immediately following employment as a teacher.
33 The changes to this Section and Section 16-128
34 relating to military service made by P.A. 87-794 shall
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1 apply not only to persons who on or after its effective
2 date are in service as a teacher under the System, but
3 also to persons whose status as a teacher terminated
4 prior to that date, whether or not the person is an
5 annuitant on that date. In the case of an annuitant who
6 applies for credit allowable under this Section for a
7 period of military service that did not immediately
8 follow employment, and who has made the required
9 contributions for such credit, the annuity shall be
10 recalculated to include the additional service credit,
11 with the increase taking effect on the date the System
12 received written notification of the annuitant's intent
13 to purchase the credit, if payment of all the required
14 contributions is made within 60 days of such notice, or
15 else on the first annuity payment date following the date
16 of payment of the required contributions. In calculating
17 the automatic annual increase for an annuity that has
18 been recalculated under this Section, the increase
19 attributable to the additional service allowable under
20 P.A. 87-794 shall be included in the calculation of
21 automatic annual increases accruing after the effective
22 date of the recalculation.
23 Credit for military service shall be determined as
24 follows: if entry occurs during the months of July,
25 August, or September and the member was a teacher at the
26 end of the immediately preceding school term, credit
27 shall be granted from July 1 of the year in which he or
28 she entered service; if entry occurs during the school
29 term and the teacher was in teaching service at the
30 beginning of the school term, credit shall be granted
31 from July 1 of such year. In all other cases where credit
32 for military service is allowed, credit shall be granted
33 from the date of entry into the service.
34 The total period of military service for which
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1 credit is granted shall not exceed 5 years for any member
2 unless the service: (A) is validated before July 1,
3 1964, and (B) does not extend beyond July 1, 1963.
4 Credit for military service shall be granted under this
5 Section only if not more than 5 years of the military
6 service for which credit is granted under this Section is
7 used by the member to qualify for a military retirement
8 allotment from any branch of the armed forces of the
9 United States. The changes to this subdivision (b)(3)
10 made by Public Act 86-272 shall apply not only to persons
11 who on or after its effective date (August 23, 1989) are
12 in service as a teacher under the System, but also to
13 persons whose status as such a teacher terminated prior
14 to such effective date, whether or not such person is an
15 annuitant on that date.
16 (4) Any periods served as a member of the General
17 Assembly.
18 (5)(i) Any periods for which a teacher, as defined
19 in Section 16-106, is granted a leave of absence,
20 provided he or she returns to teaching service creditable
21 under this System or the State Universities Retirement
22 System following the leave; (ii) periods during which a
23 teacher is involuntarily laid off from teaching, provided
24 he or she returns to teaching following the lay-off;
25 (iii) periods prior to July 1, 1983 during which a
26 teacher ceased covered employment due to pregnancy,
27 provided that the teacher returned to teaching service
28 creditable under this System or the State Universities
29 Retirement System following the pregnancy and submits
30 evidence satisfactory to the Board documenting that the
31 employment ceased due to pregnancy; and (iv) periods
32 prior to July 1, 1983 during which a teacher ceased
33 covered employment for the purpose of adopting an infant
34 under 3 years of age or caring for a newly adopted infant
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1 under 3 years of age, provided that the teacher returned
2 to teaching service creditable under this System or the
3 State Universities Retirement System following the
4 adoption and submits evidence satisfactory to the Board
5 documenting that the employment ceased for the purpose of
6 adopting an infant under 3 years of age or caring for a
7 newly adopted infant under 3 years of age. However,
8 total credit under this paragraph (5) may not exceed 3
9 years.
10 Any qualified member or annuitant may apply for
11 credit under item (iii) or (iv) of this paragraph (5)
12 without regard to whether service was terminated before
13 the effective date of this amendatory Act of 1997. In
14 the case of an annuitant who establishes credit under
15 item (iii) or (iv), the annuity shall be recalculated to
16 include the additional service credit. The increase in
17 annuity shall take effect on the date the System receives
18 written notification of the annuitant's intent to
19 purchase the credit, if the required evidence is
20 submitted and the required contribution paid within 60
21 days of that notification, otherwise on the first annuity
22 payment date following the System's receipt of the
23 required evidence and contribution. The increase in an
24 annuity recalculated under this provision shall be
25 included in the calculation of automatic annual increases
26 in the annuity accruing after the effective date of the
27 recalculation.
28 Optional credit may be purchased under this
29 subsection (b)(5) for periods during which a teacher has
30 been granted a leave of absence pursuant to Section 24-13
31 of the School Code. A teacher whose service under this
32 Article terminated prior to the effective date of P.A.
33 86-1488 shall be eligible to purchase such optional
34 credit. If a teacher who purchases this optional credit
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1 is already receiving a retirement annuity under this
2 Article, the annuity shall be recalculated as if the
3 annuitant had applied for the leave of absence credit at
4 the time of retirement. The difference between the
5 entitled annuity and the actual annuity shall be credited
6 to the purchase of the optional credit. The remainder of
7 the purchase cost of the optional credit shall be paid on
8 or before April 1, 1992.
9 The change in this paragraph made by Public Act
10 86-273 shall be applicable to teachers who retire after
11 June 1, 1989, as well as to teachers who are in service
12 on that date.
13 (6) Any days of unused and uncompensated
14 accumulated sick leave earned by a teacher. The service
15 credit granted under this paragraph shall be the ratio of
16 the number of unused and uncompensated accumulated sick
17 leave days to 170 days, subject to a maximum of one year
18 of service credit. Prior to the member's retirement,
19 each former employer shall certify to the System the
20 number of unused and uncompensated accumulated sick leave
21 days credited to the member at the time of termination of
22 service. The period of unused sick leave shall not be
23 considered in determining the effective date of
24 retirement. A member is not required to make
25 contributions in order to obtain service credit for
26 unused sick leave.
27 Credit for sick leave shall, at retirement, be
28 granted by the System for any retiring regional or
29 assistant regional superintendent of schools at the rate
30 of 6 days per year of creditable service or portion
31 thereof established while serving as such superintendent
32 or assistant superintendent.
33 (7) Periods prior to February 1, 1987 served as an
34 employee of the Illinois Mathematics and Science Academy
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1 for which credit has not been terminated under Section
2 15-113.9 of this Code.
3 (8) Service as a substitute teacher for work
4 performed prior to July 1, 1990.
5 (9) Service as a part-time teacher for work
6 performed prior to July 1, 1990.
7 (10) Up to 2 years of employment with Southern
8 Illinois University - Carbondale from September 1, 1959
9 to August 31, 1961, or with Governors State University
10 from September 1, 1972 to August 31, 1974, for which the
11 teacher has no credit under Article 15. To receive
12 credit under this item (10), a teacher must apply in
13 writing to the Board and pay the required contributions
14 before May 1, 1993 and have at least 12 years of service
15 credit under this Article.
16 (11) Any period of employment of the type described
17 in subsection (10) of Section 16-106 during which the
18 person was not a member of this System and for which the
19 applicant does not receive credit under any other
20 provision of this Code.
21 (c) The service credits specified in this Section shall
22 be granted only if: (1) such service credits are not used
23 for credit in any other statutory tax-supported public
24 employee retirement system other than the federal Social
25 Security program; and (2) the member makes the required
26 contributions as specified in Section 16-128. The service
27 credit shall be effective as of the date the required
28 contributions are completed.
29 Any service credits granted under this Section shall
30 terminate upon cessation of membership for any cause.
31 Credit may not be granted under this Section covering any
32 period for which an age retirement or disability retirement
33 allowance has been paid.
34 (Source: P.A. 89-430, eff. 12-15-95; 90-32, eff. 6-27-97.)
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1 (40 ILCS 5/16-128) (from Ch. 108 1/2, par. 16-128)
2 Sec. 16-128. Creditable service - required
3 contributions.
4 (a) In order to receive the creditable service specified
5 under subsection (b) of Section 16-127, a member is required
6 to make the following contributions: (i) an amount equal to
7 the contributions which would have been required had such
8 service been rendered as a member under this System; (ii) for
9 military service not immediately following employment and for
10 service established under subdivision (b)(10) or (b)(11) of
11 Section 16-127, an amount determined by the Board to be equal
12 to the employer's normal cost of the benefits accrued for
13 such service; and (iii) interest from the date the
14 contributions would have been due (or, in the case of a
15 person establishing credit for military service under
16 subdivision (b)(3) of Section 16-127, the date of first
17 membership in the System, if that date is later) to the date
18 of payment, at the following rate of interest, compounded
19 annually: for periods prior to July 1, 1965, regular
20 interest; from July 1, 1965 to June 30, 1977, 4% per year; on
21 and after July 1, 1977, regular interest.
22 (b) In order to receive creditable service under
23 paragraph (2) of subsection (b) of Section 16-127 for those
24 who were not members on June 30, 1963, the minimum required
25 contribution shall be $420 per year of service together with
26 interest at 4% per year compounded annually from July 1,
27 preceding the date of membership until June 30, 1977 and at
28 regular interest compounded annually thereafter to the date
29 of payment.
30 (c) In determining the contribution required in order to
31 receive creditable service under paragraph (3) of subsection
32 (b) of Section 16-127, the salary rate for the remainder of
33 the school term in which a member enters military service
34 shall be assumed to be equal to the member's salary rate at
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1 the time of entering military service. However, for military
2 service not immediately following employment, the salary rate
3 on the last date as a participating teacher prior to such
4 military service, or on the first date as a participating
5 teacher after such military service, whichever is greater,
6 shall be assumed to be equal to the member's salary rate at
7 the time of entering military service. For each school term
8 thereafter, the member's salary rate shall be assumed to be
9 5% higher than the salary rate in the previous school term.
10 (d) In determining the contribution required in order to
11 receive creditable service under paragraph (5) of subsection
12 (b) of Section 16-127, a member's salary rate during the
13 period for which credit is being established shall be assumed
14 to be equal to the member's last salary rate immediately
15 preceding that period.
16 (e) The contributions required under this Section may be
17 made from the date the statement for such creditable service
18 is issued until retirement date. All such required
19 contributions must be made before any retirement annuity is
20 granted.
21 (Source: P.A. 89-430, eff. 12-15-95.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.