State of Illinois
91st General Assembly
Legislation

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91_SB0454

 
                                               LRB9105765EGfg

 1        AN  ACT  to  amend  the Illinois Pension Code by changing
 2    Section 16-127.

 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 Section 16-127 as follows:

 7        (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
 8        Sec. 16-127.  Computation of creditable service.
 9        (a)  Each member shall receive  regular  credit  for  all
10    service  as  a  teacher  from the date membership begins, for
11    which satisfactory evidence is supplied and all contributions
12    have been paid.
13        (b)  The following periods of service shall earn optional
14    credit and each member shall  receive  credit  for  all  such
15    service  for  which satisfactory evidence is supplied and all
16    contributions have been paid as of the date specified:
17             (1)  Prior service as a teacher.
18             (2)  Service in a capacity  essentially  similar  or
19        equivalent  to  that  of  a teacher, in the public common
20        schools in school districts in this  State  not  included
21        within  the  provisions  of  this System, or of any other
22        State, territory, dependency or possession of the  United
23        States,  or  in schools operated by or under the auspices
24        of the United States, or under the auspices of any agency
25        or department of any other State, and service during  any
26        period  of  professional  speech  correction  or  special
27        education  experience  for  a  public  agency within this
28        State  or  any  other  State,  territory,  dependency  or
29        possession of the United States,  and  service  prior  to
30        February  1, 1951 as a recreation worker for the Illinois
31        Department of Public Safety, for a period  not  exceeding
 
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 1        the  lesser of 2/5 of the total creditable service of the
 2        member or 10 years.  The  maximum  service  of  10  years
 3        which  is allowable under this paragraph shall be reduced
 4        by  the  service  credit  which  is  validated  by  other
 5        retirement systems under paragraph (i) of Section  15-113
 6        and  paragraph 1 of Section 17-133.  Credit granted under
 7        this paragraph may not be  used  in  determination  of  a
 8        retirement  annuity  or  disability  benefits  unless the
 9        member has at least 5 years of creditable service  earned
10        subsequent  to  this  employment  with one or more of the
11        following systems: Teachers'  Retirement  System  of  the
12        State  of Illinois, State Universities Retirement System,
13        and the Public School Teachers'  Pension  and  Retirement
14        Fund  of  Chicago.   Whenever such service credit exceeds
15        the maximum allowed for all purposes of this Article, the
16        first  service  rendered  in  point  of  time  shall   be
17        considered.  The  changes to this subdivision (b)(2) made
18        by Public Act 86-272 shall apply not only to persons  who
19        on  or  after its effective date (August 23, 1989) are in
20        service as a  teacher  under  the  System,  but  also  to
21        persons  whose  status as such a teacher terminated prior
22        to such effective date, whether or not such person is  an
23        annuitant on that date.
24             (3)  Any   periods  immediately  following  teaching
25        service, under this  System  or  under  Article  17,  (or
26        immediately  following  service prior to February 1, 1951
27        as a recreation worker for  the  Illinois  Department  of
28        Public  Safety) spent in active service with the military
29        forces of the United States; periods spent in educational
30        programs that prepare for return to teaching sponsored by
31        the federal government  following  such  active  military
32        service;  if a teacher returns to teaching service within
33        one calendar year after discharge or after the completion
34        of  the  educational  program,  a  further  period,   not
 
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 1        exceeding  one  calendar  year,  between  time  spent  in
 2        military  service or in such educational programs and the
 3        return to employment as a teacher under this System;  and
 4        a  period of up to 2 years of active military service not
 5        immediately following employment as a teacher.
 6             The changes  to  this  Section  and  Section  16-128
 7        relating  to  military  service made by P.A. 87-794 shall
 8        apply not only to persons who on or after  its  effective
 9        date  are  in  service as a teacher under the System, but
10        also to persons whose  status  as  a  teacher  terminated
11        prior  to  that  date,  whether  or  not the person is an
12        annuitant on that date.  In the case of an annuitant  who
13        applies  for  credit  allowable  under this Section for a
14        period of  military  service  that  did  not  immediately
15        follow   employment,   and  who  has  made  the  required
16        contributions for  such  credit,  the  annuity  shall  be
17        recalculated  to  include  the additional service credit,
18        with the increase taking effect on the  date  the  System
19        received  written  notification of the annuitant's intent
20        to purchase the credit, if payment of  all  the  required
21        contributions  is  made within 60 days of such notice, or
22        else on the first annuity payment date following the date
23        of payment of the required contributions.  In calculating
24        the automatic annual increase for  an  annuity  that  has
25        been  recalculated  under    this  Section,  the increase
26        attributable to the additional  service  allowable  under
27        P.A.  87-794  shall  be  included  in  the calculation of
28        automatic annual increases accruing after  the  effective
29        date of the recalculation.
30             Credit  for  military service shall be determined as
31        follows: if entry  occurs  during  the  months  of  July,
32        August,  or September and the member was a teacher at the
33        end of the  immediately  preceding  school  term,  credit
34        shall  be  granted from July 1 of the year in which he or
 
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 1        she entered service; if entry occurs  during  the  school
 2        term  and  the  teacher  was  in  teaching service at the
 3        beginning of the school term,  credit  shall  be  granted
 4        from July 1 of such year. In all other cases where credit
 5        for  military service is allowed, credit shall be granted
 6        from the date of entry into the service.
 7             The total  period  of  military  service  for  which
 8        credit is granted shall not exceed 5 years for any member
 9        unless  the  service:   (A)  is  validated before July 1,
10        1964, and (B)  does  not  extend  beyond  July  1,  1963.
11        Credit  for  military service shall be granted under this
12        Section only if not more than 5  years  of  the  military
13        service for which credit is granted under this Section is
14        used  by  the member to qualify for a military retirement
15        allotment from any branch of  the  armed  forces  of  the
16        United  States.  The  changes  to this subdivision (b)(3)
17        made by Public Act 86-272 shall apply not only to persons
18        who on or after its effective date (August 23, 1989)  are
19        in  service  as  a  teacher under the System, but also to
20        persons whose status as such a teacher  terminated  prior
21        to  such effective date, whether or not such person is an
22        annuitant on that date.
23             (4)  Any periods served as a member of  the  General
24        Assembly.
25             (5)(i)  Any  periods for which a teacher, as defined
26        in  Section  16-106,  is  granted  a  leave  of  absence,
27        provided he or she returns to teaching service creditable
28        under this System or the  State  Universities  Retirement
29        System  following  the leave; (ii) periods during which a
30        teacher is involuntarily laid off from teaching, provided
31        he or she returns  to  teaching  following  the  lay-off;
32        (iii)  periods  prior  to  July  1,  1983  during which a
33        teacher  ceased  covered  employment  due  to  pregnancy,
34        provided that the teacher returned  to  teaching  service
 
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 1        creditable  under  this  System or the State Universities
 2        Retirement System following  the  pregnancy  and  submits
 3        evidence  satisfactory  to the Board documenting that the
 4        employment ceased due  to  pregnancy;  and  (iv)  periods
 5        prior  to  July  1,  1983  during  which a teacher ceased
 6        covered employment for the purpose of adopting an  infant
 7        under 3 years of age or caring for a newly adopted infant
 8        under  3 years of age, provided that the teacher returned
 9        to teaching service creditable under this System  or  the
10        State   Universities   Retirement  System  following  the
11        adoption and submits evidence satisfactory to  the  Board
12        documenting that the employment ceased for the purpose of
13        adopting  an  infant under 3 years of age or caring for a
14        newly adopted infant  under  3  years  of  age;  and  (v)
15        periods  during which a teacher ceases covered employment
16        for  the  purpose  of  pursuing  advanced  studies  as  a
17        full-time student in a field related to his or  her  work
18        as  a  teacher,  provided  that  the teacher successfully
19        completes those  studies,  returns  to  teaching  service
20        creditable  under  this Article or under Article 15 or 17
21        within one year following completion of the studies,  and
22        submits   documentation   satisfactory   to   the  Board.
23        However, total credit under this paragraph  (5)  may  not
24        exceed 3 years.
25             Any  qualified  member  or  annuitant  may apply for
26        credit under item (iii) or (iv)  of  this  paragraph  (5)
27        without  regard  to whether service was terminated before
28        the effective date of this amendatory Act of 1997.    Any
29        qualified  member or annuitant may apply for credit under
30        item (v) of this paragraph (5) without regard to  whether
31        service  was terminated before the effective date of this
32        amendatory Act of the 91st General Assembly.  In the case
33        of an annuitant who establishes credit under item (iii),
34        or (iv), or (v), the annuity  shall  be  recalculated  to
 
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 1        include  the  additional service credit.  The increase in
 2        annuity shall take effect on the date the System receives
 3        written  notification  of  the  annuitant's   intent   to
 4        purchase   the   credit,  if  the  required  evidence  is
 5        submitted and the required contribution  paid  within  60
 6        days of that notification, otherwise on the first annuity
 7        payment  date  following  the  System's  receipt  of  the
 8        required  evidence  and contribution.  The increase in an
 9        annuity  recalculated  under  this  provision  shall   be
10        included in the calculation of automatic annual increases
11        in  the  annuity accruing after the effective date of the
12        recalculation.
13             Optional  credit  may  be   purchased   under   this
14        subsection  (b)(5) for periods during which a teacher has
15        been granted a leave of absence pursuant to Section 24-13
16        of the School Code.  A teacher whose service  under  this
17        Article  terminated  prior  to the effective date of P.A.
18        86-1488 shall  be  eligible  to  purchase  such  optional
19        credit.   If a teacher who purchases this optional credit
20        is already receiving  a  retirement  annuity  under  this
21        Article,  the  annuity  shall  be  recalculated as if the
22        annuitant had applied for the leave of absence credit  at
23        the  time  of  retirement.   The  difference  between the
24        entitled annuity and the actual annuity shall be credited
25        to the purchase of the optional credit.  The remainder of
26        the purchase cost of the optional credit shall be paid on
27        or before April 1, 1992.
28             The change in this  paragraph  made  by  Public  Act
29        86-273  shall  be applicable to teachers who retire after
30        June 1, 1989, as well as to teachers who are  in  service
31        on that date.
32             (6)  Any    days   of   unused   and   uncompensated
33        accumulated sick leave earned by a teacher.  The  service
34        credit granted under this paragraph shall be the ratio of
 
                            -7-                LRB9105765EGfg
 1        the  number  of unused and uncompensated accumulated sick
 2        leave days to 170 days, subject to a maximum of one  year
 3        of  service  credit.   Prior  to the member's retirement,
 4        each former employer shall  certify  to  the  System  the
 5        number of unused and uncompensated accumulated sick leave
 6        days credited to the member at the time of termination of
 7        service.  The  period  of  unused sick leave shall not be
 8        considered  in  determining   the   effective   date   of
 9        retirement.    A   member   is   not   required  to  make
10        contributions in  order  to  obtain  service  credit  for
11        unused sick leave.
12             Credit  for  sick  leave  shall,  at  retirement, be
13        granted by  the  System  for  any  retiring  regional  or
14        assistant  regional superintendent of schools at the rate
15        of 6 days per  year  of  creditable  service  or  portion
16        thereof  established while serving as such superintendent
17        or assistant superintendent.
18             (7)  Periods prior to February 1, 1987 served as  an
19        employee  of the Illinois Mathematics and Science Academy
20        for which credit has not been  terminated  under  Section
21        15-113.9 of this Code.
22             (8)  Service   as  a  substitute  teacher  for  work
23        performed prior to July 1, 1990.
24             (9)  Service  as  a  part-time  teacher   for   work
25        performed prior to July 1, 1990.
26             (10)  Up  to  2  years  of  employment with Southern
27        Illinois University - Carbondale from September  1,  1959
28        to  August  31,  1961, or with Governors State University
29        from September 1, 1972 to August 31, 1974, for which  the
30        teacher  has  no  credit  under  Article  15.  To receive
31        credit under this item (10),  a  teacher  must  apply  in
32        writing  to  the Board and pay the required contributions
33        before May 1, 1993 and have at least 12 years of  service
34        credit under this Article.
 
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 1        (c)  The  service credits specified in this Section shall
 2    be granted only if:  (1) such service credits  are  not  used
 3    for  credit  in  any  other  statutory  tax-supported  public
 4    employee  retirement  system  other  than  the federal Social
 5    Security program; and  (2)  the  member  makes  the  required
 6    contributions  as  specified  in Section 16-128.  The service
 7    credit shall  be  effective  as  of  the  date  the  required
 8    contributions are completed.
 9        Any  service  credits  granted  under  this Section shall
10    terminate upon cessation of membership for any cause.
11        Credit may not be granted under this Section covering any
12    period for which an age retirement or  disability  retirement
13    allowance has been paid.
14    (Source: P.A. 89-430, eff. 12-15-95; 90-32, eff. 6-27-97.)

15        Section  99.  Effective date.  This Act takes effect upon
16    becoming law.

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