Full Text of HB2147 103rd General Assembly
HB2147eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning 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 Sections 16-118, 16-127, and 20-109 as follows:
| 6 | | (40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
| 7 | | Sec. 16-118. Retirement. "Retirement": Entry upon a | 8 | | retirement annuity
or receipt of a single-sum retirement | 9 | | benefit granted under this Article
after termination of active | 10 | | service as a teacher.
| 11 | | (a) An annuitant receiving a retirement annuity other than | 12 | | a disability
retirement annuity may accept employment as a | 13 | | teacher from a school board
or other employer specified in | 14 | | Section 16-106 without impairing retirement
status, if that | 15 | | employment: | 16 | | (1) is not within the school year during which
service | 17 | | was terminated; and | 18 | | (2) does not exceed the following: | 19 | | (i) before July 1, 2001, 100 paid days or 500 paid
| 20 | | hours in any school year; | 21 | | (ii) during the period beginning July 1, 2001 | 22 | | through
June 30, 2011, 120 paid days or 600 paid hours | 23 | | in each school year; |
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| 1 | | (iii) during the period beginning July 1, 2011 | 2 | | through
June 30, 2018, 100 paid days or 500 paid hours | 3 | | in each school year; | 4 | | (iv) beginning July 1, 2018 through June 30, 2026 | 5 | | 2023 , 120 paid days or 600 paid hours in each school | 6 | | year, but not more than 100 paid days in the same | 7 | | classroom; | 8 | | (v) (blank); and during the period between July 1, | 9 | | 2021 and June 30, 2022, an additional 20 paid days or | 10 | | 100 paid hours shall be added to item (iv) of this | 11 | | paragraph (2) to assist with addressing the substitute | 12 | | teacher shortage that has been exacerbated by the | 13 | | ongoing global pandemic; and | 14 | | (vi) beginning July 1, 2026 2023 , 100 paid days or | 15 | | 500 paid hours in each school year. | 16 | | Where
such permitted employment is partly on a daily and | 17 | | partly on an hourly basis,
a day shall be considered as 5 | 18 | | hours.
| 19 | | (b) Subsection (a) does not apply to an annuitant who | 20 | | returns to teaching
under the program established in Section | 21 | | 16-150.1, for the duration of his or
her participation in that | 22 | | program.
| 23 | | (Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21; | 24 | | 102-709, eff. 4-22-22.)
| 25 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
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| 1 | | Sec. 16-127. Computation of creditable service.
| 2 | | (a) Each member shall receive regular credit for all
| 3 | | service as a teacher from the date membership begins, for | 4 | | which
satisfactory evidence is supplied and all contributions | 5 | | have been paid.
| 6 | | (b) The following periods of service shall earn optional | 7 | | credit and
each member shall receive credit for all such | 8 | | service for which
satisfactory evidence is supplied and all | 9 | | contributions have been paid as
of the date specified:
| 10 | | (1) Prior service as a teacher.
| 11 | | (2) Service in a capacity essentially similar or | 12 | | equivalent to that of a
teacher, in the public common | 13 | | schools in school districts in this State not
included | 14 | | within the provisions of this System, or of any other | 15 | | State,
territory, dependency or possession of the United | 16 | | States, or in schools
operated by or under the auspices of | 17 | | the United States, or under the
auspices of any agency or | 18 | | department of any other State, and service during
any | 19 | | period of professional speech correction or special | 20 | | education
experience for a public agency within this State | 21 | | or any other State,
territory, dependency or possession of | 22 | | the United States, and service prior
to February 1, 1951 | 23 | | as a recreation worker for the Illinois Department of
| 24 | | Public Safety, for a period not exceeding the lesser of | 25 | | 2/5 of the total
creditable service of the member or 10 | 26 | | years. The maximum service of 10
years which is allowable |
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| 1 | | under this paragraph shall be reduced by the
service | 2 | | credit which is validated by other retirement systems | 3 | | under
paragraph (i) of Section 15-113 and paragraph 1 of | 4 | | Section 17-133. Credit
granted under this paragraph may | 5 | | not be used in determination of a
retirement annuity or | 6 | | disability benefits unless the member has at least 5
years | 7 | | of creditable service earned subsequent to this employment | 8 | | with one
or more of the following systems: Teachers' | 9 | | Retirement System of the State
of Illinois, State | 10 | | Universities Retirement System, and the Public School
| 11 | | Teachers' Pension and Retirement Fund of Chicago. Whenever | 12 | | such service
credit exceeds the maximum allowed for all | 13 | | purposes of this Article, the
first service rendered in | 14 | | point of time shall be considered.
The changes to this | 15 | | subdivision (b)(2) made by Public Act 86-272 shall
apply | 16 | | not only to persons who on or after its effective date | 17 | | (August 23,
1989) are in service as a teacher under the | 18 | | System, but also to persons
whose status as such a teacher | 19 | | terminated prior to such effective date,
whether or not | 20 | | such person is an annuitant on that date.
| 21 | | (3) Any periods immediately following teaching | 22 | | service, under this
System or under Article 17, (or | 23 | | immediately following service prior to
February 1, 1951 as | 24 | | a recreation worker for the Illinois Department of
Public | 25 | | Safety) spent in active service with the military forces | 26 | | of the
United States; periods spent in educational |
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| 1 | | programs that prepare for
return to teaching sponsored by | 2 | | the federal government following such
active military | 3 | | service; if a teacher returns to teaching service within
| 4 | | one calendar year after discharge or after the completion | 5 | | of the
educational program, a further period, not | 6 | | exceeding one calendar year,
between time spent in | 7 | | military service or in such educational programs and
the | 8 | | return to employment as a teacher under this System; and a | 9 | | period of up
to 2 years of active military service not | 10 | | immediately following employment
as a teacher.
| 11 | | The changes to this Section and Section 16-128 | 12 | | relating to military
service made by P.A. 87-794 shall | 13 | | apply not only to persons who on or after its
effective | 14 | | date are in service as a teacher under the System, but also | 15 | | to
persons whose status as a teacher terminated prior to | 16 | | that date, whether or not
the person is an annuitant on | 17 | | that date. In the case of an annuitant who
applies for | 18 | | credit allowable under this Section for a period of | 19 | | military
service that did not immediately follow | 20 | | employment, and who has made the
required contributions | 21 | | for such credit, the annuity shall be recalculated to
| 22 | | include the additional service credit, with the increase | 23 | | taking effect on the
date the System received written | 24 | | notification of the annuitant's intent to
purchase the | 25 | | credit, if payment of all the required contributions is | 26 | | made
within 60 days of such notice, or else on the first |
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| 1 | | annuity payment date
following the date of payment of the | 2 | | required contributions. In calculating
the automatic | 3 | | annual increase for an annuity that has been recalculated | 4 | | under
this Section, the increase attributable to the | 5 | | additional service allowable
under P.A. 87-794 shall be | 6 | | included in the calculation of automatic annual
increases | 7 | | accruing after the effective date of the recalculation.
| 8 | | Credit for military service shall be determined as | 9 | | follows: if entry
occurs during the months of July, | 10 | | August, or September and the member was a
teacher at the | 11 | | end of the immediately preceding school term, credit shall
| 12 | | be granted from July 1 of the year in which he or she | 13 | | entered service; if
entry occurs during the school term | 14 | | and the teacher was in teaching service
at the beginning | 15 | | of the school term, credit shall be granted from July 1 of
| 16 | | such year. In all other cases where credit for military | 17 | | service is allowed,
credit shall be granted from the date | 18 | | of entry into the service.
| 19 | | The total period of military service for which credit | 20 | | is granted shall
not exceed 5 years for any member unless | 21 | | the service: (A) is validated
before July 1, 1964, and (B) | 22 | | does not extend beyond July 1, 1963. Credit
for military | 23 | | service shall be granted under this Section only if not | 24 | | more
than 5 years of the military service for which credit | 25 | | is granted under this
Section is used by the member to | 26 | | qualify for a military retirement
allotment from any |
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| 1 | | branch of the armed forces of the United States. The
| 2 | | changes to this subdivision (b)(3) made by Public Act | 3 | | 86-272 shall apply
not only to persons who on or after its | 4 | | effective date (August 23, 1989)
are in service as a | 5 | | teacher under the System, but also to persons whose
status | 6 | | as such a teacher terminated prior to such effective date, | 7 | | whether
or not such person is an annuitant on that date.
| 8 | | (4) Any periods served as a member of the General | 9 | | Assembly.
| 10 | | (5)(i) Any periods for which a teacher, as defined in | 11 | | Section
16-106, is granted a leave of absence, provided he | 12 | | or she returns to teaching
service creditable under this | 13 | | System or the State Universities Retirement
System | 14 | | following the leave; (ii) periods during which a teacher | 15 | | is
involuntarily laid off from teaching, provided he or | 16 | | she returns to teaching
following the lay-off; (iii) | 17 | | periods prior to July 1, 1983 during which
a teacher | 18 | | ceased covered employment due to pregnancy, provided that | 19 | | the teacher
returned to teaching service creditable under | 20 | | this System or the State
Universities Retirement System | 21 | | following the pregnancy and submits evidence
satisfactory | 22 | | to the Board documenting that the employment ceased due to
| 23 | | pregnancy; and (iv) periods prior to July 1, 1983 during | 24 | | which a teacher
ceased covered employment for the purpose | 25 | | of adopting an infant under 3 years
of age or caring for a | 26 | | newly adopted infant under 3 years of age, provided that
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| 1 | | the teacher returned to teaching service creditable under | 2 | | this System or the
State Universities Retirement System | 3 | | following the adoption and submits
evidence satisfactory | 4 | | to the Board documenting that the employment ceased for
| 5 | | the purpose of adopting an infant under 3 years of age or | 6 | | caring for a newly
adopted infant under 3 years of age. | 7 | | However, total credit under this
paragraph (5) may not | 8 | | exceed 3 years.
| 9 | | Any qualified member or annuitant may apply for credit | 10 | | under item (iii)
or (iv) of this paragraph (5) without | 11 | | regard to whether service was
terminated before the | 12 | | effective date of this amendatory Act of 1997. In the case | 13 | | of an annuitant who establishes credit under item (iii)
or | 14 | | (iv), the annuity shall be recalculated to include the | 15 | | additional
service credit. The increase in annuity shall | 16 | | take effect on the date the
System receives written | 17 | | notification of the annuitant's intent to purchase the
| 18 | | credit, if the required evidence is submitted and the | 19 | | required contribution
paid within 60 days of that | 20 | | notification, otherwise on the first annuity
payment date | 21 | | following the System's receipt of the required evidence | 22 | | and
contribution. The increase in an annuity recalculated | 23 | | under this provision
shall be included in the calculation | 24 | | of automatic annual increases in the
annuity accruing | 25 | | after the effective date of the recalculation.
| 26 | | Optional credit may be purchased under this subsection |
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| 1 | | (b)(5) for
periods during which a teacher has been granted | 2 | | a leave of absence pursuant
to Section 24-13 of the School | 3 | | Code. A teacher whose service under this
Article | 4 | | terminated prior to the effective date of P.A. 86-1488 | 5 | | shall be
eligible to purchase such optional credit. If a | 6 | | teacher who purchases this
optional credit is already | 7 | | receiving a retirement annuity under this Article,
the | 8 | | annuity shall be recalculated as if the annuitant had | 9 | | applied for the leave
of absence credit at the time of | 10 | | retirement. The difference between the
entitled annuity | 11 | | and the actual annuity shall be credited to the purchase | 12 | | of
the optional credit. The remainder of the purchase cost | 13 | | of the optional credit
shall be paid on or before April 1, | 14 | | 1992.
| 15 | | The change in this paragraph made by Public Act 86-273 | 16 | | shall
be applicable to teachers who retire after June 1, | 17 | | 1989, as well as to
teachers who are in service on that | 18 | | date.
| 19 | | (6) Any days of unused and uncompensated accumulated | 20 | | sick leave earned
by a teacher. The service credit granted | 21 | | under this paragraph shall be the
ratio of the number of | 22 | | unused and uncompensated accumulated sick leave days
to | 23 | | 170 days, subject to a maximum of 2 years of service
| 24 | | credit. Prior to the member's retirement, each former | 25 | | employer shall
certify to the System the number of unused | 26 | | and uncompensated accumulated
sick leave days credited to |
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| 1 | | the member at the time of termination of service.
The | 2 | | period of unused sick leave shall not be considered in | 3 | | determining
the effective date of retirement. A member is | 4 | | not required to make
contributions in order to obtain | 5 | | service credit for unused sick leave.
| 6 | | Credit for sick leave shall, at retirement, be granted | 7 | | by the System
for any retiring regional or assistant | 8 | | regional superintendent of schools
at the rate of 6 days | 9 | | per year of creditable service or portion thereof
| 10 | | established while serving as such superintendent or | 11 | | assistant
superintendent.
| 12 | | (7) Periods prior to February 1, 1987 served as an | 13 | | employee of the
Illinois Mathematics and Science Academy | 14 | | for which credit has not been
terminated under Section | 15 | | 15-113.9 of this Code.
| 16 | | (8) Service as a substitute teacher for work performed
| 17 | | prior to July 1, 1990.
| 18 | | (9) Service as a part-time teacher for work performed
| 19 | | prior to July 1, 1990.
| 20 | | (10) Up to 2 years of employment with Southern | 21 | | Illinois University -
Carbondale from September 1, 1959 to | 22 | | August 31, 1961, or with Governors
State University from | 23 | | September 1, 1972 to August 31, 1974, for which the
| 24 | | teacher has no credit under Article 15. To receive credit | 25 | | under this item
(10), a teacher must apply in writing to | 26 | | the Board and pay the required
contributions before May 1, |
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| 1 | | 1993 and have at least 12 years of service
credit under | 2 | | this Article.
| 3 | | (11) Periods of service as a student teacher as | 4 | | described in Section 24-8.5 of the School Code for which | 5 | | the student teacher received a salary. | 6 | | (b-1) A member may establish optional credit for up to 2 | 7 | | years of service
as a teacher or administrator employed by a | 8 | | private school recognized by the
Illinois State Board of | 9 | | Education, provided that the teacher (i) was certified
under | 10 | | the law governing the certification of teachers at the time | 11 | | the service
was rendered, (ii) applies in writing on or before | 12 | | June 30, 2023, (iii) supplies satisfactory evidence of the | 13 | | employment, (iv)
completes at least 10 years of contributing | 14 | | service as a teacher as defined in
Section 16-106, and (v) pays | 15 | | the contribution required in subsection (d-5) of
Section | 16 | | 16-128. The member may apply for credit under this subsection | 17 | | and pay
the required contribution before completing the 10 | 18 | | years of contributing
service required under item (iv), but | 19 | | the credit may not be used until the
item (iv) contributing | 20 | | service requirement has been met.
| 21 | | (c) The service credits specified in this Section shall be | 22 | | granted only
if: (1) such service credits are not used for | 23 | | credit in any other statutory
tax-supported public employee | 24 | | retirement system other than the federal Social
Security | 25 | | program; and (2) the member makes the required contributions | 26 | | as
specified in Section 16-128. Except as provided in |
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| 1 | | subsection (b-1) of
this Section, the service credit shall be | 2 | | effective as of the date the
required contributions are | 3 | | completed.
| 4 | | Any service credits granted under this Section shall | 5 | | terminate upon
cessation of membership for any cause.
| 6 | | Credit may not be granted under this Section covering any | 7 | | period for
which an age retirement or disability retirement | 8 | | allowance has been paid.
| 9 | | Credit may not be granted under this Section for service | 10 | | as an employee of an entity that provides substitute teaching | 11 | | services under Section 2-3.173 of the School Code and is not a | 12 | | school district. | 13 | | (Source: P.A. 102-525, eff. 8-20-21.)
| 14 | | (40 ILCS 5/20-109) (from Ch. 108 1/2, par. 20-109)
| 15 | | Sec. 20-109. "Pension credit": Credit or equities acquired | 16 | | by an
employee in the form of contributions, earnings or | 17 | | service as defined
under the law governing each of the systems | 18 | | in which he has credits or
equities, except credits and | 19 | | equities (1) of less than one year in any
one system, except | 20 | | that this one-year limitation shall not apply to
(A) employees | 21 | | who transfer or are transferred, as a class, from one
| 22 | | participating system to another or who are persons to whom | 23 | | Section
14-108.2a or 14-108.2b applies , or (B) persons who | 24 | | move from participation with a school district as a teacher | 25 | | aide under Article 7 to participation under Article 16 , or (C) |
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| 1 | | persons who acquire credit as a substitute teacher covered | 2 | | under Article 16 and reach retirement eligibility under | 3 | | Article 7 ; or (2) which have previously been
forfeited by | 4 | | acceptance of a refund or which have been applied towards a
| 5 | | retirement annuity and have not been reestablished in | 6 | | accordance with the
law governing the system from which the | 7 | | refund or retirement annuity had
been received. If a | 8 | | retirement system provides no refund of contributions,
the | 9 | | pension credit in the case of any employee who has | 10 | | participated in that
system shall be considered effective for | 11 | | the purposes of this Article.
| 12 | | (Source: P.A. 94-834, eff. 6-6-06.)
| 13 | | Section 90. The State Mandates Act is amended by adding | 14 | | Section 8.47 as follows: | 15 | | (30 ILCS 805/8.47 new) | 16 | | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | 17 | | 8 of this Act, no reimbursement by the State is required for | 18 | | the implementation of any mandate created by this amendatory | 19 | | Act of the 103rd General Assembly.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.
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