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92_SB0737 LRB9207545EGfg 1 AN ACT in relation to 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 5 changing Section 16-106 as follows: 6 (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106) 7 Sec. 16-106. Teacher. "Teacher": The following 8 individuals, provided that, for employment prior to July 1, 9 1990, they are employed on a full-time basis, or if not 10 full-time, on a permanent and continuous basis in a position 11 in which services are expected to be rendered for at least 12 one school term: 13 (1) Any educational, administrative, professional 14 or other staff employed in the public common schools 15 included within this system in a position requiring 16 certification under the law governing the certification 17 of teachers; 18 (2) Any educational, administrative, professional 19 or other staff employed in any facility of the Department 20 of Children and Family Services or the Department of 21 Human Services, in a position requiring certification 22 under the law governing the certification of teachers, 23 and any person who (i) works in such a position for the 24 Department of Corrections, (ii) was a member of this 25 System on May 31, 1987, and (iii) did not elect to become 26 a member of the State Employees' Retirement System 27 pursuant to Section 14-108.2 of this Code; 28 (3) Any regional superintendent of schools, 29 assistant regional superintendent of schools, State 30 Superintendent of Education; any person employed by the 31 State Board of Education as an executive; any executive -2- LRB9207545EGfg 1 of the boards engaged in the service of public common 2 school education in school districts covered under this 3 system of which the State Superintendent of Education is 4 an ex-officio member; 5 (4) Any employee of a school board association 6 operating in compliance with Article 23 of the School 7 Code who is certificated under the law governing the 8 certification of teachers; 9 (5) Any person employed by the retirement system 10 who: 11 (i) was an employee of and a participant in 12 the system on the effective date of this amendatory 13 Act of the 92nd General Assembly, or 14 (ii) becomes an employee of the system on or 15 after the effective date of this amendatory Act of 16 the 92nd General Assembly;as an executive, and any17person employed by the retirement system who is18certificated under the law governing the19certification of teachers;20 (6) Any educational, administrative, professional 21 or other staff employed by and under the supervision and 22 control of a regional superintendent of schools, provided 23 such employment position requires the person to be 24 certificated under the law governing the certification of 25 teachers and is in an educational program serving 2 or 26 more districts in accordance with a joint agreement 27 authorized by the School Code or by federal legislation; 28 (7) Any educational, administrative, professional 29 or other staff employed in an educational program 30 serving 2 or more school districts in accordance with a 31 joint agreement authorized by the School Code or by 32 federal legislation and in a position requiring 33 certification under the laws governing the certification 34 of teachers; -3- LRB9207545EGfg 1 (8) Any officer or employee of a statewide teacher 2 organization or officer of a national teacher 3 organization who is certified under the law governing 4 certification of teachers, provided: (i) the individual 5 had previously established creditable service under this 6 Article, (ii) the individual files with the system an 7 irrevocable election to become a member, and (iii) the 8 individual does not receive credit for such service under 9 any other Article of this Code; 10 (9) Any educational, administrative, professional, 11 or other staff employed in a charter school operating in 12 compliance with the Charter Schools Law who is 13 certificated under the law governing the certification of 14 teachers. 15 An annuitant receiving a retirement annuity under this 16 Article or under Article 17 of this Code who is temporarily 17 employed by a board of education or other employer not 18 exceeding that permitted under Section 16-118 is not a 19 "teacher" for purposes of this Article. A person who has 20 received a single-sum retirement benefit under Section 21 16-136.4 of this Article is not a "teacher" for purposes of 22 this Article. 23 (Source: P.A. 89-450, eff. 4-10-96; 89-507, eff. 7-1-97; 24 90-14, eff. 7-1-97; 90-448, eff. 8-16-97.) 25 Section 99. Effective date. This Act takes effect upon 26 becoming law.