103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2352

 

Introduced 2/14/2023, by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/8-165  from Ch. 108 1/2, par. 8-165

    Amends the Chicago Municipal Article of the Illinois Pension Code. Provides that for school years beginning on or after July 1, 2023, an age and service or prior service annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a paraprofessional or related service provider on a temporary and non-annual basis or on an hourly basis so long as the person: (1) does not work for compensation on more than 120 days in a school year; or (2) does not accept gross compensation for the re-employment in a school year in excess of $30,000. Effective immediately.


LRB103 27717 RPS 54094 b

 

 

A BILL FOR

 

HB2352LRB103 27717 RPS 54094 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Section 8-165 as follows:
 
6    (40 ILCS 5/8-165)  (from Ch. 108 1/2, par. 8-165)
7    Sec. 8-165. Re-entry into service.
8    (a) Except as provided in subsection (c) or (d), when an
9employee receiving age and service or prior service annuity
10who has withdrawn from service after the effective date
11re-enters service before age 65, any annuity previously
12granted and any annuity fixed for his wife shall be cancelled.
13The employee shall be credited for annuity purposes with sums
14sufficient to provide annuities equal to those cancelled, as
15of their ages on the date of re-entry; provided, the maximum
16age of the wife for this purpose shall be as provided in
17Section 8-155 of this Article.
18    The sums so credited shall provide for annuities to be
19fixed and granted in the future. Contributions by the
20employees and the city for the purposes of this Article shall
21be made, and when the proper time arrives, as provided in this
22Article, new annuities based upon the total credit for annuity
23purposes and the entire term of his service shall be fixed for

 

 

HB2352- 2 -LRB103 27717 RPS 54094 b

1the employee and his wife.
2    If the employee's wife died before he re-entered service,
3no part of any credits for widow's or widow's prior service
4annuity at the time annuity for his wife was fixed shall be
5credited upon re-entry into service, and no such sums shall
6thereafter be used to provide such annuity.
7    (b) Except as provided in subsection (c) or (d), when an
8employee re-enters service after age 65, payments on account
9of any annuity previously granted shall be suspended during
10the time thereafter that he is in service, and when he again
11withdraws, annuity payments shall be resumed. If the employee
12dies in service, his widow shall receive the amount of annuity
13previously fixed for her.
14    (c) For school years beginning on or after July 1, 2021, an
15age and service or prior service annuity shall not be
16cancelled in the case of an employee who is re-employed by the
17Board of Education of the city as a Special Education
18Classroom Assistant or Classroom Assistant on a temporary and
19non-annual basis or on an hourly basis so long as the person:
20(1) does not work for compensation on more than 120 days in a
21school year; or (2) does not accept gross compensation for the
22re-employment in a school year in excess of $30,000. These
23limitations apply only to school years that begin on or after
24July 1, 2021. Re-employment under this subsection does not
25require contributions, result in service credit being earned
26or granted, or constitute active participation in the Fund.

 

 

HB2352- 3 -LRB103 27717 RPS 54094 b

1    (d) For school years beginning on or after July 1, 2023, an
2age and service or prior service annuity shall not be
3cancelled in the case of an employee who is re-employed by the
4Board of Education of the city as a paraprofessional or
5related service provider on a temporary and non-annual basis
6or on an hourly basis so long as the person: (1) does not work
7for compensation on more than 120 days in a school year; or (2)
8does not accept gross compensation for the re-employment in a
9school year in excess of $30,000. These limitations apply only
10to school years that begin on or after July 1, 2023.
11Re-employment under this subsection does not require
12contributions, result in service credit being earned or
13granted, or constitute active participation in the Fund.
14(Source: P.A. 102-342, eff. 8-13-21.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.