Sen. Iris Y. Martinez

Filed: 2/24/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3597

2    AMENDMENT NO. ______. Amend Senate Bill 3597 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 17-149 as follows:
 
6    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)
7    Sec. 17-149. Cancellation of pensions.
8    (a) If any person receiving a disability retirement pension
9from the Fund is re-employed as a teacher by an Employer, the
10pension shall be cancelled on the date the re-employment
11begins, or on the first day of a payroll period for which
12service credit was validated, whichever is earlier.
13    (b) If any person receiving a service retirement pension
14from the Fund is re-employed as a teacher on a permanent or
15annual basis by an Employer, the pension shall be cancelled on
16the date the re-employment begins, or on the first day of a

 

 

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1payroll period for which service credit was validated,
2whichever is earlier. However, subject to the limitations and
3requirements of subsection (c-5), the pension shall not be
4cancelled in the case of a service retirement pensioner who is
5re-employed on a temporary and non-annual basis or on an hourly
6basis.
7    (c) If the date of re-employment on a permanent or annual
8basis occurs within 5 school months after the date of previous
9retirement, exclusive of any vacation period, the member shall
10be deemed to have been out of service only temporarily and not
11permanently retired. Such person shall be entitled to pension
12payments for the time he could have been employed as a teacher
13and received salary, but shall not be entitled to pension for
14or during the summer vacation prior to his return to service.
15    When the member again retires on pension, the time of
16service and the money contributed by him during re-employment
17shall be added to the time and money previously credited. Such
18person must acquire 3 consecutive years of additional
19contributing service before he may retire again on a pension at
20a rate and under conditions other than those in force or
21attained at the time of his previous retirement.
22    (c-5) The service retirement pension shall not be cancelled
23in the case of a service retirement pensioner who is
24re-employed as a teacher on a temporary and non-annual basis or
25on an hourly basis, so long as the person (1) does not work as a
26teacher for compensation on more than 100 days in a school year

 

 

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1and (2) does not accept gross compensation for such
2re-employment in a school year in excess of the amount of gross
3compensation that would be paid for 100 days of employment at
4the rate for a day-to-day substitute teacher. These limitations
5apply only to school years that begin on or after the effective
6date of this amendatory Act of the 97th General Assembly. Such
7re-employment does not require contributions, result in
8service credit, or constitute active membership in the Fund.
9    To be eligible for such re-employment without cancellation
10of pension, the pensioner must notify the Fund and the Board of
11Education of his or her intention to accept re-employment under
12this subsection (c-5) before beginning that reemployment (or if
13the re-employment began before the effective date of this
14amendatory Act, then within 30 days after that effective date).
15    The Board of Education must certify to the Fund the
16temporary and non-annual or hourly status and the compensation
17of each pensioner re-employed under this subsection at least
18quarterly, and when the pensioner is approaching the earnings
19limitation under this subsection.
20    If the pensioner works more than 100 days or accepts excess
21gross compensation for such re-employment in any school year
22that begins on or after the effective date of this amendatory
23Act of the 97th General Assembly, the service retirement
24pension shall thereupon be cancelled.
25    The Board of the Fund shall adopt rules for the
26implementation and administration of this subsection.

 

 

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1    (d) Notwithstanding Sections 1-103.1 and 17-157, the
2changes to this Section made by Public Act 90-32 apply without
3regard to whether termination of service occurred before the
4effective date of that Act and apply retroactively to August
523, 1989.
6    Notwithstanding Sections 1-103.1 and 17-157, the changes
7to this Section and Section 17-106 made by Public Act 92-599
8this amendatory Act of the 92nd General Assembly apply without
9regard to whether termination of service occurred before the
10effective date of that this amendatory Act.
11    Notwithstanding Sections 1-103.1 and 17-157, the changes
12to this Section made by this amendatory Act of the 97th General
13Assembly apply without regard to whether termination of service
14occurred before the effective date of this amendatory Act.
15(Source: P.A. 92-416, eff. 8-17-01; 92-599, eff. 6-28-02.)
 
16    Section 90. The State Mandates Act is amended by adding
17Section 8.36 as follows:
 
18    (30 ILCS 805/8.36 new)
19    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
20of this Act, no reimbursement by the State is required for the
21implementation of any mandate created by this amendatory Act of
22the 97th General Assembly.
 
23    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".