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Public Act 100-0813


 

Public Act 0813 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0813
 
HB4742 EnrolledLRB100 18686 AXK 33916 b

    AN ACT concerning education.
 
    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 16-106, 16-106.3, and 16-127 as follows:
 
    (40 ILCS 5/16-106)  (from Ch. 108 1/2, par. 16-106)
    Sec. 16-106. Teacher. "Teacher": The following
individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position in
which services are expected to be rendered for at least one
school term:
        (1) Any educational, administrative, professional or
    other staff employed in the public common schools included
    within this system in a position requiring certification
    under the law governing the certification of teachers;
        (2) Any educational, administrative, professional or
    other staff employed in any facility of the Department of
    Children and Family Services or the Department of Human
    Services, in a position requiring certification under the
    law governing the certification of teachers, and any person
    who (i) works in such a position for the Department of
    Corrections, (ii) was a member of this System on May 31,
    1987, and (iii) did not elect to become a member of the
    State Employees' Retirement System pursuant to Section
    14-108.2 of this Code; except that "teacher" does not
    include any person who (A) becomes a security employee of
    the Department of Human Services, as defined in Section
    14-110, after June 28, 2001 (the effective date of Public
    Act 92-14), or (B) becomes a member of the State Employees'
    Retirement System pursuant to Section 14-108.2c of this
    Code;
        (3) Any regional superintendent of schools, assistant
    regional superintendent of schools, State Superintendent
    of Education; any person employed by the State Board of
    Education as an executive; any executive of the boards
    engaged in the service of public common school education in
    school districts covered under this system of which the
    State Superintendent of Education is an ex-officio member;
        (4) Any employee of a school board association
    operating in compliance with Article 23 of the School Code
    who is certificated under the law governing the
    certification of teachers, provided that he or she becomes
    such an employee before the effective date of this
    amendatory Act of the 99th General Assembly;
        (5) Any person employed by the retirement system who:
            (i) was an employee of and a participant in the
        system on August 17, 2001 (the effective date of Public
        Act 92-416), or
            (ii) becomes an employee of the system on or after
        August 17, 2001;
        (6) Any educational, administrative, professional or
    other staff employed by and under the supervision and
    control of a regional superintendent of schools, provided
    such employment position requires the person to be
    certificated under the law governing the certification of
    teachers and is in an educational program serving 2 or more
    districts in accordance with a joint agreement authorized
    by the School Code or by federal legislation;
        (7) Any educational, administrative, professional or
    other staff employed in an educational program serving 2 or
    more school districts in accordance with a joint agreement
    authorized by the School Code or by federal legislation and
    in a position requiring certification under the laws
    governing the certification of teachers;
        (8) Any officer or employee of a statewide teacher
    organization or officer of a national teacher organization
    who is certified under the law governing certification of
    teachers, provided: (i) the individual had previously
    established creditable service under this Article, (ii)
    the individual files with the system an irrevocable
    election to become a member before the effective date of
    this amendatory Act of the 97th General Assembly, (iii) the
    individual does not receive credit for such service under
    any other Article of this Code, and (iv) the individual
    first became an officer or employee of the teacher
    organization and becomes a member before the effective date
    of this amendatory Act of the 97th General Assembly;
        (9) Any educational, administrative, professional, or
    other staff employed in a charter school operating in
    compliance with the Charter Schools Law who is certificated
    under the law governing the certification of teachers;
        (10) Any person employed, on the effective date of this
    amendatory Act of the 94th General Assembly, by the
    Macon-Piatt Regional Office of Education in a
    birth-through-age-three pilot program receiving funds
    under Section 2-389 of the School Code who is required by
    the Macon-Piatt Regional Office of Education to hold a
    teaching certificate, provided that the Macon-Piatt
    Regional Office of Education makes an election, within 6
    months after the effective date of this amendatory Act of
    the 94th General Assembly, to have the person participate
    in the system. Any service established prior to the
    effective date of this amendatory Act of the 94th General
    Assembly for service as an employee of the Macon-Piatt
    Regional Office of Education in a birth-through-age-three
    pilot program receiving funds under Section 2-389 of the
    School Code shall be considered service as a teacher if
    employee and employer contributions have been received by
    the system and the system has not refunded those
    contributions.
    An annuitant receiving a retirement annuity under this
Article or under Article 17 of this Code who is employed by a
board of education or other employer as permitted under Section
16-118 or 16-150.1 is not a "teacher" for purposes of this
Article. A person who has received a single-sum retirement
benefit under Section 16-136.4 of this Article is not a
"teacher" for purposes of this Article. For purposes of this
Article, "teacher" does not include a person employed by an
entity that provides substitute teaching services under
Section 2-3.173 of the School Code and is not a school
district.
(Source: P.A. 98-463, eff. 8-16-13; 99-830, eff. 1-1-17.)
 
    (40 ILCS 5/16-106.3)  (from Ch. 108 1/2, par. 16-106.3)
    Sec. 16-106.3. Substitute teacher. "Substitute teacher":
Any teacher employed on a temporary basis to replace another
teacher. "Substitute teacher" does not include an individual
employed by an entity that provides substitute teaching
services under Section 2-3.173 of the School Code and is not a
school district.
(Source: P.A. 86-273.)
 
    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
    (Text of Section WITHOUT the changes made by P.A. 98-599,
which has been held unconstitutional)
    Sec. 16-127. Computation of creditable service.
    (a) Each member shall receive regular credit for all
service as a teacher from the date membership begins, for which
satisfactory evidence is supplied and all contributions have
been paid.
    (b) The following periods of service shall earn optional
credit and each member shall receive credit for all such
service for which satisfactory evidence is supplied and all
contributions have been paid as of the date specified:
        (1) Prior service as a teacher.
        (2) Service in a capacity essentially similar or
    equivalent to that of a teacher, in the public common
    schools in school districts in this State not included
    within the provisions of this System, or of any other
    State, territory, dependency or possession of the United
    States, or in schools operated by or under the auspices of
    the United States, or under the auspices of any agency or
    department of any other State, and service during any
    period of professional speech correction or special
    education experience for a public agency within this State
    or any other State, territory, dependency or possession of
    the United States, and service prior to February 1, 1951 as
    a recreation worker for the Illinois Department of Public
    Safety, for a period not exceeding the lesser of 2/5 of the
    total creditable service of the member or 10 years. The
    maximum service of 10 years which is allowable under this
    paragraph shall be reduced by the service credit which is
    validated by other retirement systems under paragraph (i)
    of Section 15-113 and paragraph 1 of Section 17-133. Credit
    granted under this paragraph may not be used in
    determination of a retirement annuity or disability
    benefits unless the member has at least 5 years of
    creditable service earned subsequent to this employment
    with one or more of the following systems: Teachers'
    Retirement System of the State of Illinois, State
    Universities Retirement System, and the Public School
    Teachers' Pension and Retirement Fund of Chicago. Whenever
    such service credit exceeds the maximum allowed for all
    purposes of this Article, the first service rendered in
    point of time shall be considered. The changes to this
    subdivision (b)(2) made by Public Act 86-272 shall apply
    not only to persons who on or after its effective date
    (August 23, 1989) are in service as a teacher under the
    System, but also to persons whose status as such a teacher
    terminated prior to such effective date, whether or not
    such person is an annuitant on that date.
        (3) Any periods immediately following teaching
    service, under this System or under Article 17, (or
    immediately following service prior to February 1, 1951 as
    a recreation worker for the Illinois Department of Public
    Safety) spent in active service with the military forces of
    the United States; periods spent in educational programs
    that prepare for return to teaching sponsored by the
    federal government following such active military service;
    if a teacher returns to teaching service within one
    calendar year after discharge or after the completion of
    the educational program, a further period, not exceeding
    one calendar year, between time spent in military service
    or in such educational programs and the return to
    employment as a teacher under this System; and a period of
    up to 2 years of active military service not immediately
    following employment as a teacher.
        The changes to this Section and Section 16-128 relating
    to military service made by P.A. 87-794 shall apply not
    only to persons who on or after its effective date are in
    service as a teacher under the System, but also to persons
    whose status as a teacher terminated prior to that date,
    whether or not the person is an annuitant on that date. In
    the case of an annuitant who applies for credit allowable
    under this Section for a period of military service that
    did not immediately follow employment, and who has made the
    required contributions for such credit, the annuity shall
    be recalculated to include the additional service credit,
    with the increase taking effect on the date the System
    received written notification of the annuitant's intent to
    purchase the credit, if payment of all the required
    contributions is made within 60 days of such notice, or
    else on the first annuity payment date following the date
    of payment of the required contributions. In calculating
    the automatic annual increase for an annuity that has been
    recalculated under this Section, the increase attributable
    to the additional service allowable under P.A. 87-794 shall
    be included in the calculation of automatic annual
    increases accruing after the effective date of the
    recalculation.
        Credit for military service shall be determined as
    follows: if entry occurs during the months of July, August,
    or September and the member was a teacher at the end of the
    immediately preceding school term, credit shall be granted
    from July 1 of the year in which he or she entered service;
    if entry occurs during the school term and the teacher was
    in teaching service at the beginning of the school term,
    credit shall be granted from July 1 of such year. In all
    other cases where credit for military service is allowed,
    credit shall be granted from the date of entry into the
    service.
        The total period of military service for which credit
    is granted shall not exceed 5 years for any member unless
    the service: (A) is validated before July 1, 1964, and (B)
    does not extend beyond July 1, 1963. Credit for military
    service shall be granted under this Section only if not
    more than 5 years of the military service for which credit
    is granted under this Section is used by the member to
    qualify for a military retirement allotment from any branch
    of the armed forces of the United States. The changes to
    this subdivision (b)(3) made by Public Act 86-272 shall
    apply not only to persons who on or after its effective
    date (August 23, 1989) are in service as a teacher under
    the System, but also to persons whose status as such a
    teacher terminated prior to such effective date, whether or
    not such person is an annuitant on that date.
        (4) Any periods served as a member of the General
    Assembly.
        (5)(i) Any periods for which a teacher, as defined in
    Section 16-106, is granted a leave of absence, provided he
    or she returns to teaching service creditable under this
    System or the State Universities Retirement System
    following the leave; (ii) periods during which a teacher is
    involuntarily laid off from teaching, provided he or she
    returns to teaching following the lay-off; (iii) periods
    prior to July 1, 1983 during which a teacher ceased covered
    employment due to pregnancy, provided that the teacher
    returned to teaching service creditable under this System
    or the State Universities Retirement System following the
    pregnancy and submits evidence satisfactory to the Board
    documenting that the employment ceased due to pregnancy;
    and (iv) periods prior to July 1, 1983 during which a
    teacher ceased covered employment for the purpose of
    adopting an infant under 3 years of age or caring for a
    newly adopted infant under 3 years of age, provided that
    the teacher returned to teaching service creditable under
    this System or the State Universities Retirement System
    following the adoption and submits evidence satisfactory
    to the Board documenting that the employment ceased for the
    purpose of adopting an infant under 3 years of age or
    caring for a newly adopted infant under 3 years of age.
    However, total credit under this paragraph (5) may not
    exceed 3 years.
        Any qualified member or annuitant may apply for credit
    under item (iii) or (iv) of this paragraph (5) without
    regard to whether service was terminated before the
    effective date of this amendatory Act of 1997. In the case
    of an annuitant who establishes credit under item (iii) or
    (iv), the annuity shall be recalculated to include the
    additional service credit. The increase in annuity shall
    take effect on the date the System receives written
    notification of the annuitant's intent to purchase the
    credit, if the required evidence is submitted and the
    required contribution paid within 60 days of that
    notification, otherwise on the first annuity payment date
    following the System's receipt of the required evidence and
    contribution. The increase in an annuity recalculated
    under this provision shall be included in the calculation
    of automatic annual increases in the annuity accruing after
    the effective date of the recalculation.
        Optional credit may be purchased under this subsection
    (b)(5) for periods during which a teacher has been granted
    a leave of absence pursuant to Section 24-13 of the School
    Code. A teacher whose service under this Article terminated
    prior to the effective date of P.A. 86-1488 shall be
    eligible to purchase such optional credit. If a teacher who
    purchases this optional credit is already receiving a
    retirement annuity under this Article, the annuity shall be
    recalculated as if the annuitant had applied for the leave
    of absence credit at the time of retirement. The difference
    between the entitled annuity and the actual annuity shall
    be credited to the purchase of the optional credit. The
    remainder of the purchase cost of the optional credit shall
    be paid on or before April 1, 1992.
        The change in this paragraph made by Public Act 86-273
    shall be applicable to teachers who retire after June 1,
    1989, as well as to teachers who are in service on that
    date.
        (6) Any days of unused and uncompensated accumulated
    sick leave earned by a teacher. The service credit granted
    under this paragraph shall be the ratio of the number of
    unused and uncompensated accumulated sick leave days to 170
    days, subject to a maximum of 2 years of service credit.
    Prior to the member's retirement, each former employer
    shall certify to the System the number of unused and
    uncompensated accumulated sick leave days credited to the
    member at the time of termination of service. The period of
    unused sick leave shall not be considered in determining
    the effective date of retirement. A member is not required
    to make contributions in order to obtain service credit for
    unused sick leave.
        Credit for sick leave shall, at retirement, be granted
    by the System for any retiring regional or assistant
    regional superintendent of schools at the rate of 6 days
    per year of creditable service or portion thereof
    established while serving as such superintendent or
    assistant superintendent.
        (7) Periods prior to February 1, 1987 served as an
    employee of the Illinois Mathematics and Science Academy
    for which credit has not been terminated under Section
    15-113.9 of this Code.
        (8) Service as a substitute teacher for work performed
    prior to July 1, 1990.
        (9) Service as a part-time teacher for work performed
    prior to July 1, 1990.
        (10) Up to 2 years of employment with Southern Illinois
    University - Carbondale from September 1, 1959 to August
    31, 1961, or with Governors State University from September
    1, 1972 to August 31, 1974, for which the teacher has no
    credit under Article 15. To receive credit under this item
    (10), a teacher must apply in writing to the Board and pay
    the required contributions before May 1, 1993 and have at
    least 12 years of service credit under this Article.
    (b-1) A member may establish optional credit for up to 2
years of service as a teacher or administrator employed by a
private school recognized by the Illinois State Board of
Education, provided that the teacher (i) was certified under
the law governing the certification of teachers at the time the
service was rendered, (ii) applies in writing on or after
August 1, 2009 and on or before August 1, 2012, (iii) supplies
satisfactory evidence of the employment, (iv) completes at
least 10 years of contributing service as a teacher as defined
in Section 16-106, and (v) pays the contribution required in
subsection (d-5) of Section 16-128. The member may apply for
credit under this subsection and pay the required contribution
before completing the 10 years of contributing service required
under item (iv), but the credit may not be used until the item
(iv) contributing service requirement has been met.
    (c) The service credits specified in this Section shall be
granted only if: (1) such service credits are not used for
credit in any other statutory tax-supported public employee
retirement system other than the federal Social Security
program; and (2) the member makes the required contributions as
specified in Section 16-128. Except as provided in subsection
(b-1) of this Section, the service credit shall be effective as
of the date the required contributions are completed.
    Any service credits granted under this Section shall
terminate upon cessation of membership for any cause.
    Credit may not be granted under this Section covering any
period for which an age retirement or disability retirement
allowance has been paid.
    Credit may not be granted under this Section for service as
an employee of an entity that provides substitute teaching
services under Section 2-3.173 of the School Code and is not a
school district.
(Source: P.A. 96-546, eff. 8-17-09.)
 
    Section 10. The School Code is amended by adding Section
2-3.173 as follows:
 
    (105 ILCS 5/2-3.173 new)
    Sec. 2-3.173. Substitute teachers; recruiting firms.
    (a) In this Section, "recruiting firm" means a company with
expertise in finding qualified applicants for positions and
screening those potential workers for an employer.
    (b) By January 1, 2019, the State Board of Education shall
implement a program and adopt rules to allow school districts
to supplement their substitute teacher recruitment for
elementary and secondary schools with the use of recruiting
firms, subject to the other provisions of this Section. To
qualify for the program, a school district shall demonstrate to
the State Board that, because of the severity of its substitute
teacher shortage, it is unable to find an adequate amount of
substitute or retired teachers and has exhausted all other
efforts. Substitute teachers provided by a recruiting firm must
adhere to all mandated State laws, rules, and screening
requirements for substitute teachers not provided by a
recruiting firm and must be paid on the same wage scale as
substitute teachers not provided by a recruiting firm. This
Section shall not be construed to require school districts to
use recruiting firms for substitute teachers. A school district
may not use a recruiting firm under this Section to circumvent
any collective bargaining agreements or State laws, rules, or
screening requirements for teachers. A school district may not
reduce the number of full-time staff members of a department as
a result of hiring a substitute teacher recruiting firm. In the
event of a teacher's strike, a school district may not use a
recruiting firm to hire a substitute teacher.
    (c) A school district organized under Article 34 of this
Code may contract with a substitute teacher recruiting firm
under this Section only if the district meets the following
requirements:
        (1) certifies to the State Board of Education that it
    has adequate funds to fill and pay for all substitute
    teacher positions;
        (2) prioritizes existing substitute teachers over
    substitute teachers from recruiting firms;
        (3) files copies of all substitute teacher contracts
    with the State Board of Education; and
        (4) requires that the substitute teacher recruiting
    firm file an annual report with the school district that
    would include the number of substitute teachers that were
    placed in the district, the total cost of the contract to
    the district, and the percentage of substitute teacher
    openings that were filled.
    (d) A substitute teacher recruiting firm may enter into an
agreement with a labor organization that has a collective
bargaining agreement with a school district.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 08/13/2018