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Public Act 097-0912


 

Public Act 0912 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0912
 
SB3597 EnrolledLRB097 18622 EFG 63856 b

    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
Section 17-149 as follows:
 
    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)
    Sec. 17-149. Cancellation of pensions.
    (a) If any person receiving a disability retirement pension
from the Fund is re-employed as a teacher by an Employer, the
pension shall be cancelled on the date the re-employment
begins, or on the first day of a payroll period for which
service credit was validated, whichever is earlier.
    (b) If any person receiving a service retirement pension
from the Fund is re-employed as a teacher on a permanent or
annual basis by an Employer, the pension shall be cancelled on
the date the re-employment begins, or on the first day of a
payroll period for which service credit was validated,
whichever is earlier. However, subject to the limitations and
requirements of subsection (c-5), the pension shall not be
cancelled in the case of a service retirement pensioner who is
re-employed on a temporary and non-annual basis or on an hourly
basis.
    (c) If the date of re-employment on a permanent or annual
basis occurs within 5 school months after the date of previous
retirement, exclusive of any vacation period, the member shall
be deemed to have been out of service only temporarily and not
permanently retired. Such person shall be entitled to pension
payments for the time he could have been employed as a teacher
and received salary, but shall not be entitled to pension for
or during the summer vacation prior to his return to service.
    When the member again retires on pension, the time of
service and the money contributed by him during re-employment
shall be added to the time and money previously credited. Such
person must acquire 3 consecutive years of additional
contributing service before he may retire again on a pension at
a rate and under conditions other than those in force or
attained at the time of his previous retirement.
    (c-5) The service retirement pension shall not be cancelled
in the case of a service retirement pensioner who is
re-employed as a teacher on a temporary and non-annual basis or
on an hourly basis, so long as the person (1) does not work as a
teacher for compensation on more than 100 days in a school year
and (2) does not accept gross compensation for the
re-employment in a school year in excess of (i) $30,000 or (ii)
in the case of a person who retires with at least 5 years of
service as a principal, an amount that is equal to the daily
rate normally paid to retired principals multiplied by 100.
These limitations apply only to school years that begin on or
after the effective date of this amendatory Act of the 97th
General Assembly. Such re-employment does not require
contributions, result in service credit, or constitute active
membership in the Fund.
    To be eligible for such re-employment without cancellation
of pension, the pensioner must notify the Fund and the Board of
Education of his or her intention to accept re-employment under
this subsection (c-5) before beginning that re-employment (or
if the re-employment began before the effective date of this
amendatory Act, then within 30 days after that effective date).
    The Board of Education must certify to the Fund the
temporary and non-annual or hourly status and the compensation
of each pensioner re-employed under this subsection at least
quarterly, and when the pensioner is approaching the earnings
limitation under this subsection.
    If the pensioner works more than 100 days or accepts excess
gross compensation for such re-employment in any school year
that begins on or after the effective date of this amendatory
Act of the 97th General Assembly, the service retirement
pension shall thereupon be cancelled.
    The Board of the Fund shall adopt rules for the
implementation and administration of this subsection.
    (d) Notwithstanding Sections 1-103.1 and 17-157, the
changes to this Section made by Public Act 90-32 apply without
regard to whether termination of service occurred before the
effective date of that Act and apply retroactively to August
23, 1989.
    Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section and Section 17-106 made by Public Act 92-599
this amendatory Act of the 92nd General Assembly apply without
regard to whether termination of service occurred before the
effective date of that this amendatory Act.
    Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section made by this amendatory Act of the 97th General
Assembly apply without regard to whether termination of service
occurred before the effective date of this amendatory Act.
(Source: P.A. 92-416, eff. 8-17-01; 92-599, eff. 6-28-02.)
 
    Section 90. The State Mandates Act is amended by adding
Section 8.36 as follows:
 
    (30 ILCS 805/8.36 new)
    Sec. 8.36. 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 97th General Assembly.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/8/2012