SB3644 100TH GENERAL ASSEMBLY

LRB100 24119 AXK 43241 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3644

Introduced 11/7/2018, by Sen. Andy Manar

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.7b	from Ch. 122, par. 10-20.7b
105 ILCS 5/24-13.1	from Ch. 122, par. 24-13.1
105 ILCS 5/34-15a	from Ch. 122, par. 34-15a

Amends the School Code. With regard to the salary of any employee of a school board who is a member of any reserve component of the United States Armed Services and is mobilized to active military duty or teacher who is employed in a Department of Defense overseas dependents' school or is mobilized to active military duty, removes a provision decreasing the amount of the employee's salary by the employee's base pay for military service.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 10-20.7b, 24-13.1, and 34-15a as follows:

(105 ILCS 5/10-20.7b) (from Ch. 122, par. 10-20.7b)

Sec. 10-20.7b. Active military service. Any certificated or non-certificated employee of a school board who is a member of any reserve component of the United States Armed Services, including the Illinois National Guard, and who is mobilized to active military duty on or after August 1, 1990, shall for each pay period beginning on or after August 1, 1990 continue to receive the same regular compensation that he receives or was receiving as an employee of the school board at the time he is or was so mobilized to active military duty, plus any health insurance and other benefits he is or was receiving or accruing at that time, minus the amount of his base pay for military service, for the duration of his active military service. Such active military duty shall not result in the loss or diminishment of any employment benefit, service credit, or status accrued at the time the duty commenced if the duty commenced on or after September 1, 2001.

In the event any provision of a collective bargaining agreement or any school board or district policy covering any employee so ordered to active duty is more generous than the provisions contained in this Section, the collective bargaining agreement or school board or district policy shall be controlling.

(Source: P.A. 92-660, eff. 7-16-02.)

(105 ILCS 5/24-13.1) (from Ch. 122, par. 24-13.1)

Sec. 24-13.1. Contractual continued service of teachers employed in Department of Defense overseas dependents' schools. By mutual agreement of a teacher and the employing board, the board may, but is not required to, grant the teacher a leave of absence to accept employment in a Department of Defense overseas dependents' school. If such a leave of absence is granted, the teacher may elect, for a period not exceeding the lesser of the period for which he is so employed or 5 years, (a) to preserve his contractual continued service status under this Code Act, and (b) to continue receipt, on the same basis as if he were teaching in the school system subject to the employing board, of service credit earned for requirements of promotion, incremental increases in salary, leaves of absence and other privileges based on an established period of service or employment. In addition, a teacher whose armed forces reserve unit is activated during the school year and who as a result is required to enter into active military service duty shall continue to have his or her full salary as a teacher paid by the school board for the first 2 weeks of the period during which he or she is required to remain on active military service duty; provided, however, that if the teacher is required to remain on active military service duty for any additional period, his or her contractual continued service under this Code Act shall be preserved for the period he or she is required to remain on active military service duty, and he or she shall continue to receive throughout the entire period that he or she is required to remain on active military service duty, on the same basis as if he or she were teaching in the school system governed by the employing board, service credit earned for requirements of promotion, incremental increases in salary, leaves of absence and other privileges based on an established period of service or employment; provided further that a teacher who receives payment of his or her full salary as a teacher for the first 2 weeks of the period his or her armed forces reserve unit is required to remain on active military service duty shall return to the school board such portion of his or her teaching salary so paid as is equal to the payment he or she received for such 2 week period from his or her armed forces reserve unit, excluding, however, all payments received by the teacher from the armed forces reserve unit which are allocable to nonschool days or which constitute a travel, meal or housing allowance.

A person employed to replace a teacher making the election provided for in this Section does not acquire contractual continued service status as a teacher under this Article.

(Source: P.A. 84-1401.)

(105 ILCS 5/34-15a) (from Ch. 122, par. 34-15a)

Sec. 34-15a. Active military service. Any certificated or non-certificated employee of the Board of Education who is a member of any reserve component of the United States Armed Services, including the Illinois National Guard, and who is mobilized to active military duty on or after August 1, 1990, shall for each pay period beginning on or after August 1, 1990 continue to receive the same regular compensation that he receives or was receiving as an employee of the Board of Education at the time he is or was so mobilized to active military duty, plus any health insurance and other benefits he is or was receiving or accruing at that time, minus the amount of his base pay for military service, for the duration of his active military service. Such active military duty shall not result in the loss or diminishment of any employment benefit, service credit, or status accrued at the time the duty commenced if the duty commenced on or after September 1, 2001.

In the event any provision of a collective bargaining agreement or any board of education or district policy covering any employee so ordered to active duty is more generous than the provisions contained in this Section, the collective bargaining agreement or board of education or district policy shall be controlling.

(Source: P.A. 92-660, eff. 7-16-02.)