Public Act 095-0910
Public Act 0910 95TH GENERAL ASSEMBLY
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Public Act 095-0910 |
HB4536 Enrolled |
LRB095 15146 AMC 41111 b |
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| AN ACT concerning public employee benefits.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Illinois Pension Code is amended by changing | Sections 16-150.1 and 16-203 as follows:
| (40 ILCS 5/16-150.1)
| Sec. 16-150.1. Return to teaching in subject shortage area.
| (a) As used in this Section, "eligible employment" means | employment
beginning on or after July 1, 2003 and ending no | later than June 30, 2013 2008 ,
in a subject shortage area at a | qualified school, in a position requiring
certification under | the law governing the certification of teachers.
| As used in this Section, "qualified school" means a public | elementary or
secondary school that meets all of the following | requirements:
| (1) At the time of hiring a retired teacher under this | Section, the
school is experiencing a shortage of teachers | in the subject shortage area
for which the teacher is | hired.
| (2) The school district to which the school belongs has | complied with
the requirements of subsection (e), and the | regional superintendent has
certified that compliance to | the System.
|
| (3) If the school district to which the school belongs | provides group
health benefits for its teachers generally, | substantially similar health
benefits are made available | for teachers participating in the program under
this | Section, without any limitations based on pre-existing | conditions.
| (b) An annuitant receiving a retirement annuity under this | Article
(other than a disability retirement annuity) may engage | in eligible
employment at a qualified school without impairing | his or her retirement
status or retirement annuity, subject to | the following conditions:
| (1) the eligible employment does not begin within the | school year
during which service was terminated;
| (2) the annuitant has not received any early retirement | incentive under
Section 16-133.3, 16-133.4, or 16-133.5;
| (3) if the annuitant retired before age 60 and with | less than 34 years
of service, the eligible employment does | not begin within the year following
the effective date of | the retirement annuity;
| (4) if the annuitant retired at age 60 or above or with | 34 or more
years of service, the eligible employment does | not begin within the 90 days
following the effective date | of the retirement annuity; and
| (5) before the eligible employment begins, the | employer notifies the
System in writing of the annuitant's | desire to participate in the program
established under this |
| Section.
| (c) An annuitant engaged in eligible employment in | accordance with
subsection (b) shall be deemed a participant in | the program established
under this Section for so long as he or | she remains employed in eligible
employment.
| (d) A participant in the program established under this | Section continues
to be a retirement annuitant, rather than an | active teacher, for all of the
purposes of this Code, but shall | be deemed an active teacher for other
purposes, such as | inclusion in a collective bargaining unit, eligibility for
| group health benefits, and compliance with the laws governing | the employment,
regulation, certification, treatment, and | conduct of teachers.
| With respect to an annuitant's eligible employment under | this Section,
neither employee nor employer contributions | shall be made to the System and
no additional service credit | shall be earned. Eligible employment does not
affect the | annuitant's final average salary or the amount of the | retirement
annuity.
| (e) Before hiring a teacher under this Section, the school | district
to which the school belongs must do the following:
| (1) If the school district to which the school belongs | has honorably
dismissed, within the calendar year | preceding the beginning of the school term
for which it | seeks to employ a retired teacher under the program | established in
this Section, any teachers who are legally |
| qualified to hold positions in the
subject shortage area | and have not yet begun to receive their retirement
| annuities under this Article, the vacant positions must | first be tendered to
those teachers.
| (2) For a period of at least 90 days
during the 6 | months preceding the beginning of either the fall or spring | term for which
it seeks to employ a retired teacher under | the program established in this
Section, the school | district must, on an ongoing basis, both (i) advertise
its | vacancies in the subject shortage area in a newspaper of | general
circulation in the area in which the school is | located and in employment
bulletins published by college | and university placement offices located near
the school; | and (ii) search for teachers legally qualified to fill | those
vacancies through the Illinois Education Job Bank.
| The school district must submit documentation of its | compliance with this
subsection to the regional | superintendent. Upon receiving satisfactory
documentation from | the school district, the regional superintendent shall
certify | the district's compliance with this subsection to the System.
| (f) This Section applies without regard to whether the | annuitant was in
service on or after the effective date of this | amendatory Act of the 93rd
General Assembly.
| (Source: P.A. 93-320, eff. 7-23-03; 94-129, eff. 7-7-05.)
| (40 ILCS 5/16-203)
|
| Sec. 16-203. Application and expiration of new benefit | increases. | (a) As used in this Section, "new benefit increase" means | an increase in the amount of any benefit provided under this | Article, or an expansion of the conditions of eligibility for | any benefit under this Article, that results from an amendment | to this Code that takes effect after June 1, 2005 ( the | effective date of Public Act 94-4) this amendatory Act of the | 94th General Assembly . "New benefit increase", however, does | not include any benefit increase resulting from the changes | made to this Article by this amendatory Act of the 95th General | Assembly. | (b) Notwithstanding any other provision of this Code or any | subsequent amendment to this Code, every new benefit increase | is subject to this Section and shall be deemed to be granted | only in conformance with and contingent upon compliance with | the provisions of this Section.
| (c) The Public Act enacting a new benefit increase must | identify and provide for payment to the System of additional | funding at least sufficient to fund the resulting annual | increase in cost to the System as it accrues. | Every new benefit increase is contingent upon the General | Assembly providing the additional funding required under this | subsection. The Commission on Government Forecasting and | Accountability shall analyze whether adequate additional | funding has been provided for the new benefit increase and |
| shall report its analysis to the Public Pension Division of the | Department of Financial and Professional Regulation. A new | benefit increase created by a Public Act that does not include | the additional funding required under this subsection is null | and void. If the Public Pension Division determines that the | additional funding provided for a new benefit increase under | this subsection is or has become inadequate, it may so certify | to the Governor and the State Comptroller and, in the absence | of corrective action by the General Assembly, the new benefit | increase shall expire at the end of the fiscal year in which | the certification is made.
| (d) Every new benefit increase shall expire 5 years after | its effective date or on such earlier date as may be specified | in the language enacting the new benefit increase or provided | under subsection (c). This does not prevent the General | Assembly from extending or re-creating a new benefit increase | by law. | (e) Except as otherwise provided in the language creating | the new benefit increase, a new benefit increase that expires | under this Section continues to apply to persons who applied | and qualified for the affected benefit while the new benefit | increase was in effect and to the affected beneficiaries and | alternate payees of such persons, but does not apply to any | other person, including without limitation a person who | continues in service after the expiration date and did not | apply and qualify for the affected benefit while the new |
| benefit increase was in effect.
| (Source: P.A. 94-4, eff. 6-1-05.) | Section 90. The State Mandates Act is amended by adding | Section 8.32 as follows: | (30 ILCS 805/8.32 new) | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | of this Act, no reimbursement by the State is required for the | implementation of any mandate created by this amendatory Act of | the 95th General Assembly.
| Section 99. Effective date. This Act takes effect upon | becoming law.
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Effective Date: 8/26/2008
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