HB4652 EngrossedLRB103 36983 RJT 67097 b

1    AN ACT concerning education.
 
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 Sections 16-121, 16-127, 16-158, and 16-203 as
6follows:
 
7    (40 ILCS 5/16-121)  (from Ch. 108 1/2, par. 16-121)
8    (Text of Section WITHOUT the changes made by P.A. 98-599,
9which has been held unconstitutional)
10    Sec. 16-121. Salary. "Salary": The actual compensation
11received by a teacher during any school year and recognized by
12the system in accordance with rules of the board. "Salary"
13includes any stipend paid under Section 9.44 of the Board of
14Higher Education Act to an eligible cooperating teacher.
15    For purposes of this Section, "school year" includes the
16regular school term plus any additional period for which a
17teacher is compensated and such compensation is recognized by
18the rules of the board.
19(Source: P.A. 84-1028.)
 
20    (40 ILCS 5/16-127)  (from Ch. 108 1/2, par. 16-127)
21    Sec. 16-127. Computation of creditable service.
22    (a) Each member shall receive regular credit for all

 

 

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1service as a teacher from the date membership begins, for
2which satisfactory evidence is supplied and all contributions
3have been paid.
4    (b) The following periods of service shall earn optional
5credit and each member shall receive credit for all such
6service for which satisfactory evidence is supplied and all
7contributions have been paid as of the date specified:
8        (1) Prior service as a teacher.
9        (2) Service in a capacity essentially similar or
10    equivalent to that of a teacher, in the public common
11    schools in school districts in this State not included
12    within the provisions of this System, or of any other
13    State, territory, dependency or possession of the United
14    States, or in schools operated by or under the auspices of
15    the United States, or under the auspices of any agency or
16    department of any other State, and service during any
17    period of professional speech correction or special
18    education experience for a public agency within this State
19    or any other State, territory, dependency or possession of
20    the United States, and service prior to February 1, 1951
21    as a recreation worker for the Illinois Department of
22    Public Safety, for a period not exceeding the lesser of
23    2/5 of the total creditable service of the member or 10
24    years. The maximum service of 10 years which is allowable
25    under this paragraph shall be reduced by the service
26    credit which is validated by other retirement systems

 

 

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1    under paragraph (i) of Section 15-113 and paragraph 1 of
2    Section 17-133. Credit granted under this paragraph may
3    not be used in determination of a retirement annuity or
4    disability benefits unless the member has at least 5 years
5    of creditable service earned subsequent to this employment
6    with one or more of the following systems: Teachers'
7    Retirement System of the State of Illinois, State
8    Universities Retirement System, and the Public School
9    Teachers' Pension and Retirement Fund of Chicago. Whenever
10    such service credit exceeds the maximum allowed for all
11    purposes of this Article, the first service rendered in
12    point of time shall be considered. The changes to this
13    paragraph subdivision (b)(2) made by Public Act 86-272
14    shall apply not only to persons who on or after its
15    effective date (August 23, 1989) are in service as a
16    teacher under the System, but also to persons whose status
17    as such a teacher terminated prior to such effective date,
18    whether or not such person is an annuitant on that date.
19        (3) Any periods immediately following teaching
20    service, under this System or under Article 17, (or
21    immediately following service prior to February 1, 1951 as
22    a recreation worker for the Illinois Department of Public
23    Safety) spent in active service with the military forces
24    of the United States; periods spent in educational
25    programs that prepare for return to teaching sponsored by
26    the federal government following such active military

 

 

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1    service; if a teacher returns to teaching service within
2    one calendar year after discharge or after the completion
3    of the educational program, a further period, not
4    exceeding one calendar year, between time spent in
5    military service or in such educational programs and the
6    return to employment as a teacher under this System; and a
7    period of up to 2 years of active military service not
8    immediately following employment as a teacher.
9        The changes to this Section and Section 16-128
10    relating to military service made by Public Act P.A.
11    87-794 shall apply not only to persons who on or after its
12    effective date are in service as a teacher under the
13    System, but also to persons whose status as a teacher
14    terminated prior to that date, whether or not the person
15    is an annuitant on that date. In the case of an annuitant
16    who applies for credit allowable under this Section for a
17    period of military service that did not immediately follow
18    employment, and who has made the required contributions
19    for such credit, the annuity shall be recalculated to
20    include the additional service credit, with the increase
21    taking effect on the date the System received written
22    notification of the annuitant's intent to purchase the
23    credit, if payment of all the required contributions is
24    made within 60 days of such notice, or else on the first
25    annuity payment date following the date of payment of the
26    required contributions. In calculating the automatic

 

 

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1    annual increase for an annuity that has been recalculated
2    under this Section, the increase attributable to the
3    additional service allowable under Public Act P.A. 87-794
4    shall be included in the calculation of automatic annual
5    increases accruing after the effective date of the
6    recalculation.
7        Credit for military service shall be determined as
8    follows: if entry occurs during the months of July,
9    August, or September and the member was a teacher at the
10    end of the immediately preceding school term, credit shall
11    be granted from July 1 of the year in which he or she
12    entered service; if entry occurs during the school term
13    and the teacher was in teaching service at the beginning
14    of the school term, credit shall be granted from July 1 of
15    such year. In all other cases where credit for military
16    service is allowed, credit shall be granted from the date
17    of entry into the service.
18        The total period of military service for which credit
19    is granted shall not exceed 5 years for any member unless
20    the service: (A) is validated before July 1, 1964, and (B)
21    does not extend beyond July 1, 1963. Credit for military
22    service shall be granted under this Section only if not
23    more than 5 years of the military service for which credit
24    is granted under this Section is used by the member to
25    qualify for a military retirement allotment from any
26    branch of the armed forces of the United States. The

 

 

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1    changes to this paragraph subdivision (b)(3) made by
2    Public Act 86-272 shall apply not only to persons who on or
3    after its effective date (August 23, 1989) are in service
4    as a teacher under the System, but also to persons whose
5    status as such a teacher terminated prior to such
6    effective date, whether or not such person is an annuitant
7    on that date.
8        (4) Any periods served as a member of the General
9    Assembly.
10        (5)(i) Any periods for which a teacher, as defined in
11    Section 16-106, is granted a leave of absence, provided he
12    or she returns to teaching service creditable under this
13    System or the State Universities Retirement System
14    following the leave; (ii) periods during which a teacher
15    is involuntarily laid off from teaching, provided he or
16    she returns to teaching following the lay-off; (iii)
17    periods prior to July 1, 1983 during which a teacher
18    ceased covered employment due to pregnancy, provided that
19    the teacher returned to teaching service creditable under
20    this System or the State Universities Retirement System
21    following the pregnancy and submits evidence satisfactory
22    to the Board documenting that the employment ceased due to
23    pregnancy; and (iv) periods prior to July 1, 1983 during
24    which a teacher ceased covered employment for the purpose
25    of adopting an infant under 3 years of age or caring for a
26    newly adopted infant under 3 years of age, provided that

 

 

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1    the teacher returned to teaching service creditable under
2    this System or the State Universities Retirement System
3    following the adoption and submits evidence satisfactory
4    to the Board documenting that the employment ceased for
5    the purpose of adopting an infant under 3 years of age or
6    caring for a newly adopted infant under 3 years of age.
7    However, total credit under this paragraph (5) may not
8    exceed 3 years.
9        Any qualified member or annuitant may apply for credit
10    under item (iii) or (iv) of this paragraph (5) without
11    regard to whether service was terminated before June 27,
12    1997 (the effective date of Public Act 90-32) this
13    amendatory Act of 1997. In the case of an annuitant who
14    establishes credit under item (iii) or (iv), the annuity
15    shall be recalculated to include the additional service
16    credit. The increase in annuity shall take effect on the
17    date the System receives written notification of the
18    annuitant's intent to purchase the credit, if the required
19    evidence is submitted and the required contribution paid
20    within 60 days of that notification, otherwise on the
21    first annuity payment date following the System's receipt
22    of the required evidence and contribution. The increase in
23    an annuity recalculated under this provision shall be
24    included in the calculation of automatic annual increases
25    in the annuity accruing after the effective date of the
26    recalculation.

 

 

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1        Optional credit may be purchased under this paragraph
2    subsection (b)(5) for periods during which a teacher has
3    been granted a leave of absence pursuant to Section 24-13
4    of the School Code. A teacher whose service under this
5    Article terminated prior to the effective date of Public
6    Act P.A. 86-1488 shall be eligible to purchase such
7    optional credit. If a teacher who purchases this optional
8    credit is already receiving a retirement annuity under
9    this Article, the annuity shall be recalculated as if the
10    annuitant had applied for the leave of absence credit at
11    the time of retirement. The difference between the
12    entitled annuity and the actual annuity shall be credited
13    to the purchase of the optional credit. The remainder of
14    the purchase cost of the optional credit shall be paid on
15    or before April 1, 1992.
16        The change in this paragraph made by Public Act 86-273
17    shall be applicable to teachers who retire after June 1,
18    1989, as well as to teachers who are in service on that
19    date.
20        (6) Any days of unused and uncompensated accumulated
21    sick leave earned by a teacher. The service credit granted
22    under this paragraph shall be the ratio of the number of
23    unused and uncompensated accumulated sick leave days to
24    170 days, subject to a maximum of 2 years of service
25    credit. Prior to the member's retirement, each former
26    employer shall certify to the System the number of unused

 

 

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1    and uncompensated accumulated sick leave days credited to
2    the member at the time of termination of service. The
3    period of unused sick leave shall not be considered in
4    determining the effective date of retirement. A member is
5    not required to make contributions in order to obtain
6    service credit for unused sick leave.
7        Credit for sick leave shall, at retirement, be granted
8    by the System for any retiring regional or assistant
9    regional superintendent of schools at the rate of 6 days
10    per year of creditable service or portion thereof
11    established while serving as such superintendent or
12    assistant superintendent.
13        (7) Periods prior to February 1, 1987 served as an
14    employee of the Illinois Mathematics and Science Academy
15    for which credit has not been terminated under Section
16    15-113.9 of this Code.
17        (8) Service as a substitute teacher for work performed
18    prior to July 1, 1990.
19        (9) Service as a part-time teacher for work performed
20    prior to July 1, 1990.
21        (10) Up to 2 years of employment with Southern
22    Illinois University - Carbondale from September 1, 1959 to
23    August 31, 1961, or with Governors State University from
24    September 1, 1972 to August 31, 1974, for which the
25    teacher has no credit under Article 15. To receive credit
26    under this item (10), a teacher must apply in writing to

 

 

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1    the Board and pay the required contributions before May 1,
2    1993 and have at least 12 years of service credit under
3    this Article.
4        (11) Periods of service as a student teacher as
5    described in Section 24-8.5 of the School Code for which
6    the student teacher received a salary.
7        (12) Periods of service as a student teacher as
8    described under Section 9.44 of the Board of Higher
9    Education Act.
10    (b-1) A member may establish optional credit for up to 2
11years of service as a teacher or administrator employed by a
12private school recognized by the Illinois State Board of
13Education, provided that the teacher (i) was certified under
14the law governing the certification of teachers at the time
15the service was rendered, (ii) applies in writing on or before
16June 30, 2028, (iii) supplies satisfactory evidence of the
17employment, (iv) completes at least 10 years of contributing
18service as a teacher as defined in Section 16-106, and (v) pays
19the contribution required in subsection (d-5) of Section
2016-128. The member may apply for credit under this subsection
21and pay the required contribution before completing the 10
22years of contributing service required under item (iv), but
23the credit may not be used until the item (iv) contributing
24service requirement has been met.
25    (c) The service credits specified in this Section shall be
26granted only if: (1) such service credits are not used for

 

 

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1credit in any other statutory tax-supported public employee
2retirement system other than the federal Social Security
3program; and (2) the member makes the required contributions
4as specified in Section 16-128. Except as provided in
5subsection (b-1) of this Section, the service credit shall be
6effective as of the date the required contributions are
7completed.
8    Any service credits granted under this Section shall
9terminate upon cessation of membership for any cause.
10    Credit may not be granted under this Section covering any
11period for which an age retirement or disability retirement
12allowance has been paid.
13    Credit may not be granted under this Section for service
14as an employee of an entity that provides substitute teaching
15services under Section 2-3.173 of the School Code and is not a
16school district.
17(Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23;
18103-525, eff. 8-11-23; revised 9-5-23.)
 
19    (40 ILCS 5/16-158)  (from Ch. 108 1/2, par. 16-158)
20    Sec. 16-158. Contributions by State and other employing
21units.
22    (a) The State shall make contributions to the System by
23means of appropriations from the Common School Fund and other
24State funds of amounts which, together with other employer
25contributions, employee contributions, investment income, and

 

 

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1other income, will be sufficient to meet the cost of
2maintaining and administering the System on a 90% funded basis
3in accordance with actuarial recommendations.
4    The Board shall determine the amount of State
5contributions required for each fiscal year on the basis of
6the actuarial tables and other assumptions adopted by the
7Board and the recommendations of the actuary, using the
8formula in subsection (b-3).
9    (a-1) Annually, on or before November 15 until November
1015, 2011, the Board shall certify to the Governor the amount of
11the required State contribution for the coming fiscal year.
12The certification under this subsection (a-1) shall include a
13copy of the actuarial recommendations upon which it is based
14and shall specifically identify the System's projected State
15normal cost for that fiscal year.
16    On or before May 1, 2004, the Board shall recalculate and
17recertify to the Governor the amount of the required State
18contribution to the System for State fiscal year 2005, taking
19into account the amounts appropriated to and received by the
20System under subsection (d) of Section 7.2 of the General
21Obligation Bond Act.
22    On or before July 1, 2005, the Board shall recalculate and
23recertify to the Governor the amount of the required State
24contribution to the System for State fiscal year 2006, taking
25into account the changes in required State contributions made
26by Public Act 94-4.

 

 

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1    On or before April 1, 2011, the Board shall recalculate
2and recertify to the Governor the amount of the required State
3contribution to the System for State fiscal year 2011,
4applying the changes made by Public Act 96-889 to the System's
5assets and liabilities as of June 30, 2009 as though Public Act
696-889 was approved on that date.
7    (a-5) On or before November 1 of each year, beginning
8November 1, 2012, the Board shall submit to the State Actuary,
9the Governor, and the General Assembly a proposed
10certification of the amount of the required State contribution
11to the System for the next fiscal year, along with all of the
12actuarial assumptions, calculations, and data upon which that
13proposed certification is based. On or before January 1 of
14each year, beginning January 1, 2013, the State Actuary shall
15issue a preliminary report concerning the proposed
16certification and identifying, if necessary, recommended
17changes in actuarial assumptions that the Board must consider
18before finalizing its certification of the required State
19contributions. On or before January 15, 2013 and each January
2015 thereafter, the Board shall certify to the Governor and the
21General Assembly the amount of the required State contribution
22for the next fiscal year. The Board's certification must note
23any deviations from the State Actuary's recommended changes,
24the reason or reasons for not following the State Actuary's
25recommended changes, and the fiscal impact of not following
26the State Actuary's recommended changes on the required State

 

 

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1contribution.
2    (a-10) By November 1, 2017, the Board shall recalculate
3and recertify to the State Actuary, the Governor, and the
4General Assembly the amount of the State contribution to the
5System for State fiscal year 2018, taking into account the
6changes in required State contributions made by Public Act
7100-23. The State Actuary shall review the assumptions and
8valuations underlying the Board's revised certification and
9issue a preliminary report concerning the proposed
10recertification and identifying, if necessary, recommended
11changes in actuarial assumptions that the Board must consider
12before finalizing its certification of the required State
13contributions. The Board's final certification must note any
14deviations from the State Actuary's recommended changes, the
15reason or reasons for not following the State Actuary's
16recommended changes, and the fiscal impact of not following
17the State Actuary's recommended changes on the required State
18contribution.
19    (a-15) On or after June 15, 2019, but no later than June
2030, 2019, the Board shall recalculate and recertify to the
21Governor and the General Assembly the amount of the State
22contribution to the System for State fiscal year 2019, taking
23into account the changes in required State contributions made
24by Public Act 100-587. The recalculation shall be made using
25assumptions adopted by the Board for the original fiscal year
262019 certification. The monthly voucher for the 12th month of

 

 

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1fiscal year 2019 shall be paid by the Comptroller after the
2recertification required pursuant to this subsection is
3submitted to the Governor, Comptroller, and General Assembly.
4The recertification submitted to the General Assembly shall be
5filed with the Clerk of the House of Representatives and the
6Secretary of the Senate in electronic form only, in the manner
7that the Clerk and the Secretary shall direct.
8    (b) Through State fiscal year 1995, the State
9contributions shall be paid to the System in accordance with
10Section 18-7 of the School Code.
11    (b-1) Beginning in State fiscal year 1996, on the 15th day
12of each month, or as soon thereafter as may be practicable, the
13Board shall submit vouchers for payment of State contributions
14to the System, in a total monthly amount of one-twelfth of the
15required annual State contribution certified under subsection
16(a-1). From March 5, 2004 (the effective date of Public Act
1793-665) through June 30, 2004, the Board shall not submit
18vouchers for the remainder of fiscal year 2004 in excess of the
19fiscal year 2004 certified contribution amount determined
20under this Section after taking into consideration the
21transfer to the System under subsection (a) of Section 6z-61
22of the State Finance Act. These vouchers shall be paid by the
23State Comptroller and Treasurer by warrants drawn on the funds
24appropriated to the System for that fiscal year.
25    If in any month the amount remaining unexpended from all
26other appropriations to the System for the applicable fiscal

 

 

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1year (including the appropriations to the System under Section
28.12 of the State Finance Act and Section 1 of the State
3Pension Funds Continuing Appropriation Act) is less than the
4amount lawfully vouchered under this subsection, the
5difference shall be paid from the Common School Fund under the
6continuing appropriation authority provided in Section 1.1 of
7the State Pension Funds Continuing Appropriation Act.
8    (b-2) Allocations from the Common School Fund apportioned
9to school districts not coming under this System shall not be
10diminished or affected by the provisions of this Article.
11    (b-3) For State fiscal years 2012 through 2045, the
12minimum contribution to the System to be made by the State for
13each fiscal year shall be an amount determined by the System to
14be sufficient to bring the total assets of the System up to 90%
15of the total actuarial liabilities of the System by the end of
16State fiscal year 2045. In making these determinations, the
17required State contribution shall be calculated each year as a
18level percentage of payroll over the years remaining to and
19including fiscal year 2045 and shall be determined under the
20projected unit credit actuarial cost method.
21    For each of State fiscal years 2018, 2019, and 2020, the
22State shall make an additional contribution to the System
23equal to 2% of the total payroll of each employee who is deemed
24to have elected the benefits under Section 1-161 or who has
25made the election under subsection (c) of Section 1-161.
26    A change in an actuarial or investment assumption that

 

 

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1increases or decreases the required State contribution and
2first applies in State fiscal year 2018 or thereafter shall be
3implemented in equal annual amounts over a 5-year period
4beginning in the State fiscal year in which the actuarial
5change first applies to the required State contribution.
6    A change in an actuarial or investment assumption that
7increases or decreases the required State contribution and
8first applied to the State contribution in fiscal year 2014,
92015, 2016, or 2017 shall be implemented:
10        (i) as already applied in State fiscal years before
11    2018; and
12        (ii) in the portion of the 5-year period beginning in
13    the State fiscal year in which the actuarial change first
14    applied that occurs in State fiscal year 2018 or
15    thereafter, by calculating the change in equal annual
16    amounts over that 5-year period and then implementing it
17    at the resulting annual rate in each of the remaining
18    fiscal years in that 5-year period.
19    For State fiscal years 1996 through 2005, the State
20contribution to the System, as a percentage of the applicable
21employee payroll, shall be increased in equal annual
22increments so that by State fiscal year 2011, the State is
23contributing at the rate required under this Section; except
24that in the following specified State fiscal years, the State
25contribution to the System shall not be less than the
26following indicated percentages of the applicable employee

 

 

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1payroll, even if the indicated percentage will produce a State
2contribution in excess of the amount otherwise required under
3this subsection and subsection (a), and notwithstanding any
4contrary certification made under subsection (a-1) before May
527, 1998 (the effective date of Public Act 90-582): 10.02% in
6FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
72002; 12.86% in FY 2003; and 13.56% in FY 2004.
8    Notwithstanding any other provision of this Article, the
9total required State contribution for State fiscal year 2006
10is $534,627,700.
11    Notwithstanding any other provision of this Article, the
12total required State contribution for State fiscal year 2007
13is $738,014,500.
14    For each of State fiscal years 2008 through 2009, the
15State contribution to the System, as a percentage of the
16applicable employee payroll, shall be increased in equal
17annual increments from the required State contribution for
18State fiscal year 2007, so that by State fiscal year 2011, the
19State is contributing at the rate otherwise required under
20this Section.
21    Notwithstanding any other provision of this Article, the
22total required State contribution for State fiscal year 2010
23is $2,089,268,000 and shall be made from the proceeds of bonds
24sold in fiscal year 2010 pursuant to Section 7.2 of the General
25Obligation Bond Act, less (i) the pro rata share of bond sale
26expenses determined by the System's share of total bond

 

 

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1proceeds, (ii) any amounts received from the Common School
2Fund in fiscal year 2010, and (iii) any reduction in bond
3proceeds due to the issuance of discounted bonds, if
4applicable.
5    Notwithstanding any other provision of this Article, the
6total required State contribution for State fiscal year 2011
7is the amount recertified by the System on or before April 1,
82011 pursuant to subsection (a-1) of this Section and shall be
9made from the proceeds of bonds sold in fiscal year 2011
10pursuant to Section 7.2 of the General Obligation Bond Act,
11less (i) the pro rata share of bond sale expenses determined by
12the System's share of total bond proceeds, (ii) any amounts
13received from the Common School Fund in fiscal year 2011, and
14(iii) any reduction in bond proceeds due to the issuance of
15discounted bonds, if applicable. This amount shall include, in
16addition to the amount certified by the System, an amount
17necessary to meet employer contributions required by the State
18as an employer under paragraph (e) of this Section, which may
19also be used by the System for contributions required by
20paragraph (a) of Section 16-127.
21    Beginning in State fiscal year 2046, the minimum State
22contribution for each fiscal year shall be the amount needed
23to maintain the total assets of the System at 90% of the total
24actuarial liabilities of the System.
25    Amounts received by the System pursuant to Section 25 of
26the Budget Stabilization Act or Section 8.12 of the State

 

 

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1Finance Act in any fiscal year do not reduce and do not
2constitute payment of any portion of the minimum State
3contribution required under this Article in that fiscal year.
4Such amounts shall not reduce, and shall not be included in the
5calculation of, the required State contributions under this
6Article in any future year until the System has reached a
7funding ratio of at least 90%. A reference in this Article to
8the "required State contribution" or any substantially similar
9term does not include or apply to any amounts payable to the
10System under Section 25 of the Budget Stabilization Act.
11    Notwithstanding any other provision of this Section, the
12required State contribution for State fiscal year 2005 and for
13fiscal year 2008 and each fiscal year thereafter, as
14calculated under this Section and certified under subsection
15(a-1), shall not exceed an amount equal to (i) the amount of
16the required State contribution that would have been
17calculated under this Section for that fiscal year if the
18System had not received any payments under subsection (d) of
19Section 7.2 of the General Obligation Bond Act, minus (ii) the
20portion of the State's total debt service payments for that
21fiscal year on the bonds issued in fiscal year 2003 for the
22purposes of that Section 7.2, as determined and certified by
23the Comptroller, that is the same as the System's portion of
24the total moneys distributed under subsection (d) of Section
257.2 of the General Obligation Bond Act. In determining this
26maximum for State fiscal years 2008 through 2010, however, the

 

 

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1amount referred to in item (i) shall be increased, as a
2percentage of the applicable employee payroll, in equal
3increments calculated from the sum of the required State
4contribution for State fiscal year 2007 plus the applicable
5portion of the State's total debt service payments for fiscal
6year 2007 on the bonds issued in fiscal year 2003 for the
7purposes of Section 7.2 of the General Obligation Bond Act, so
8that, by State fiscal year 2011, the State is contributing at
9the rate otherwise required under this Section.
10    (b-4) Beginning in fiscal year 2018, each employer under
11this Article shall pay to the System a required contribution
12determined as a percentage of projected payroll and sufficient
13to produce an annual amount equal to:
14        (i) for each of fiscal years 2018, 2019, and 2020, the
15    defined benefit normal cost of the defined benefit plan,
16    less the employee contribution, for each employee of that
17    employer who has elected or who is deemed to have elected
18    the benefits under Section 1-161 or who has made the
19    election under subsection (b) of Section 1-161; for fiscal
20    year 2021 and each fiscal year thereafter, the defined
21    benefit normal cost of the defined benefit plan, less the
22    employee contribution, plus 2%, for each employee of that
23    employer who has elected or who is deemed to have elected
24    the benefits under Section 1-161 or who has made the
25    election under subsection (b) of Section 1-161; plus
26        (ii) the amount required for that fiscal year to

 

 

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1    amortize any unfunded actuarial accrued liability
2    associated with the present value of liabilities
3    attributable to the employer's account under Section
4    16-158.3, determined as a level percentage of payroll over
5    a 30-year rolling amortization period.
6    In determining contributions required under item (i) of
7this subsection, the System shall determine an aggregate rate
8for all employers, expressed as a percentage of projected
9payroll.
10    In determining the contributions required under item (ii)
11of this subsection, the amount shall be computed by the System
12on the basis of the actuarial assumptions and tables used in
13the most recent actuarial valuation of the System that is
14available at the time of the computation.
15    The contributions required under this subsection (b-4)
16shall be paid by an employer concurrently with that employer's
17payroll payment period. The State, as the actual employer of
18an employee, shall make the required contributions under this
19subsection.
20    (c) Payment of the required State contributions and of all
21pensions, retirement annuities, death benefits, refunds, and
22other benefits granted under or assumed by this System, and
23all expenses in connection with the administration and
24operation thereof, are obligations of the State.
25    If members are paid from special trust or federal funds
26which are administered by the employing unit, whether school

 

 

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1district or other unit, the employing unit shall pay to the
2System from such funds the full accruing retirement costs
3based upon that service, which, beginning July 1, 2017, shall
4be at a rate, expressed as a percentage of salary, equal to the
5total employer's normal cost, expressed as a percentage of
6payroll, as determined by the System. Employer contributions,
7based on salary paid to members from federal funds, may be
8forwarded by the distributing agency of the State of Illinois
9to the System prior to allocation, in an amount determined in
10accordance with guidelines established by such agency and the
11System. Any contribution for fiscal year 2015 collected as a
12result of the change made by Public Act 98-674 shall be
13considered a State contribution under subsection (b-3) of this
14Section.
15    (d) Effective July 1, 1986, any employer of a teacher as
16defined in paragraph (8) of Section 16-106 shall pay the
17employer's normal cost of benefits based upon the teacher's
18service, in addition to employee contributions, as determined
19by the System. Such employer contributions shall be forwarded
20monthly in accordance with guidelines established by the
21System.
22    However, with respect to benefits granted under Section
2316-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
24of Section 16-106, the employer's contribution shall be 12%
25(rather than 20%) of the member's highest annual salary rate
26for each year of creditable service granted, and the employer

 

 

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1shall also pay the required employee contribution on behalf of
2the teacher. For the purposes of Sections 16-133.4 and
316-133.5, a teacher as defined in paragraph (8) of Section
416-106 who is serving in that capacity while on leave of
5absence from another employer under this Article shall not be
6considered an employee of the employer from which the teacher
7is on leave.
8    (e) Beginning July 1, 1998, every employer of a teacher
9shall pay to the System an employer contribution computed as
10follows:
11        (1) Beginning July 1, 1998 through June 30, 1999, the
12    employer contribution shall be equal to 0.3% of each
13    teacher's salary.
14        (2) Beginning July 1, 1999 and thereafter, the
15    employer contribution shall be equal to 0.58% of each
16    teacher's salary.
17The school district or other employing unit may pay these
18employer contributions out of any source of funding available
19for that purpose and shall forward the contributions to the
20System on the schedule established for the payment of member
21contributions.
22    These employer contributions are intended to offset a
23portion of the cost to the System of the increases in
24retirement benefits resulting from Public Act 90-582.
25    Each employer of teachers is entitled to a credit against
26the contributions required under this subsection (e) with

 

 

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1respect to salaries paid to teachers for the period January 1,
22002 through June 30, 2003, equal to the amount paid by that
3employer under subsection (a-5) of Section 6.6 of the State
4Employees Group Insurance Act of 1971 with respect to salaries
5paid to teachers for that period.
6    The additional 1% employee contribution required under
7Section 16-152 by Public Act 90-582 is the responsibility of
8the teacher and not the teacher's employer, unless the
9employer agrees, through collective bargaining or otherwise,
10to make the contribution on behalf of the teacher.
11    If an employer is required by a contract in effect on May
121, 1998 between the employer and an employee organization to
13pay, on behalf of all its full-time employees covered by this
14Article, all mandatory employee contributions required under
15this Article, then the employer shall be excused from paying
16the employer contribution required under this subsection (e)
17for the balance of the term of that contract. The employer and
18the employee organization shall jointly certify to the System
19the existence of the contractual requirement, in such form as
20the System may prescribe. This exclusion shall cease upon the
21termination, extension, or renewal of the contract at any time
22after May 1, 1998.
23    (f) If the amount of a teacher's salary for any school year
24used to determine final average salary exceeds the member's
25annual full-time salary rate with the same employer for the
26previous school year by more than 6%, the teacher's employer

 

 

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1shall pay to the System, in addition to all other payments
2required under this Section and in accordance with guidelines
3established by the System, the present value of the increase
4in benefits resulting from the portion of the increase in
5salary that is in excess of 6%. This present value shall be
6computed by the System on the basis of the actuarial
7assumptions and tables used in the most recent actuarial
8valuation of the System that is available at the time of the
9computation. If a teacher's salary for the 2005-2006 school
10year is used to determine final average salary under this
11subsection (f), then the changes made to this subsection (f)
12by Public Act 94-1057 shall apply in calculating whether the
13increase in his or her salary is in excess of 6%. For the
14purposes of this Section, change in employment under Section
1510-21.12 of the School Code on or after June 1, 2005 shall
16constitute a change in employer. The System may require the
17employer to provide any pertinent information or
18documentation. The changes made to this subsection (f) by
19Public Act 94-1111 apply without regard to whether the teacher
20was in service on or after its effective date.
21    Whenever it determines that a payment is or may be
22required under this subsection, the System shall calculate the
23amount of the payment and bill the employer for that amount.
24The bill shall specify the calculations used to determine the
25amount due. If the employer disputes the amount of the bill, it
26may, within 30 days after receipt of the bill, apply to the

 

 

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1System in writing for a recalculation. The application must
2specify in detail the grounds of the dispute and, if the
3employer asserts that the calculation is subject to subsection
4(g), (g-5), (g-10), (g-15), (g-20), (g-25), or (h) of this
5Section, must include an affidavit setting forth and attesting
6to all facts within the employer's knowledge that are
7pertinent to the applicability of that subsection. Upon
8receiving a timely application for recalculation, the System
9shall review the application and, if appropriate, recalculate
10the amount due.
11    The employer contributions required under this subsection
12(f) may be paid in the form of a lump sum within 90 days after
13receipt of the bill. If the employer contributions are not
14paid within 90 days after receipt of the bill, then interest
15will be charged at a rate equal to the System's annual
16actuarially assumed rate of return on investment compounded
17annually from the 91st day after receipt of the bill. Payments
18must be concluded within 3 years after the employer's receipt
19of the bill.
20    (f-1) (Blank).
21    (g) This subsection (g) applies only to payments made or
22salary increases given on or after June 1, 2005 but before July
231, 2011. The changes made by Public Act 94-1057 shall not
24require the System to refund any payments received before July
2531, 2006 (the effective date of Public Act 94-1057).
26    When assessing payment for any amount due under subsection

 

 

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1(f), the System shall exclude salary increases paid to
2teachers under contracts or collective bargaining agreements
3entered into, amended, or renewed before June 1, 2005.
4    When assessing payment for any amount due under subsection
5(f), the System shall exclude salary increases paid to a
6teacher at a time when the teacher is 10 or more years from
7retirement eligibility under Section 16-132 or 16-133.2.
8    When assessing payment for any amount due under subsection
9(f), the System shall exclude salary increases resulting from
10overload work, including summer school, when the school
11district has certified to the System, and the System has
12approved the certification, that (i) the overload work is for
13the sole purpose of classroom instruction in excess of the
14standard number of classes for a full-time teacher in a school
15district during a school year and (ii) the salary increases
16are equal to or less than the rate of pay for classroom
17instruction computed on the teacher's current salary and work
18schedule.
19    When assessing payment for any amount due under subsection
20(f), the System shall exclude a salary increase resulting from
21a promotion (i) for which the employee is required to hold a
22certificate or supervisory endorsement issued by the State
23Teacher Certification Board that is a different certification
24or supervisory endorsement than is required for the teacher's
25previous position and (ii) to a position that has existed and
26been filled by a member for no less than one complete academic

 

 

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1year and the salary increase from the promotion is an increase
2that results in an amount no greater than the lesser of the
3average salary paid for other similar positions in the
4district requiring the same certification or the amount
5stipulated in the collective bargaining agreement for a
6similar position requiring the same certification.
7    When assessing payment for any amount due under subsection
8(f), the System shall exclude any payment to the teacher from
9the State of Illinois or the State Board of Education over
10which the employer does not have discretion, notwithstanding
11that the payment is included in the computation of final
12average salary.
13    (g-5) When assessing payment for any amount due under
14subsection (f), the System shall exclude salary increases
15resulting from overload or stipend work performed in a school
16year subsequent to a school year in which the employer was
17unable to offer or allow to be conducted overload or stipend
18work due to an emergency declaration limiting such activities.
19    (g-10) When assessing payment for any amount due under
20subsection (f), the System shall exclude salary increases
21resulting from increased instructional time that exceeded the
22instructional time required during the 2019-2020 school year.
23    (g-15) When assessing payment for any amount due under
24subsection (f), the System shall exclude salary increases
25resulting from teaching summer school on or after May 1, 2021
26and before September 15, 2022.

 

 

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1    (g-20) When assessing payment for any amount due under
2subsection (f), the System shall exclude salary increases
3necessary to bring a school board in compliance with Public
4Act 101-443 or this amendatory Act of the 103rd General
5Assembly.
6    (g-25) When assessing payment for any amount due under
7subsection (f), the System shall exclude any stipends paid to
8an eligible cooperating teacher under Section 9.44 of the
9Board of Higher Education Act.
10    (h) When assessing payment for any amount due under
11subsection (f), the System shall exclude any salary increase
12described in subsection (g) of this Section given on or after
13July 1, 2011 but before July 1, 2014 under a contract or
14collective bargaining agreement entered into, amended, or
15renewed on or after June 1, 2005 but before July 1, 2011.
16Notwithstanding any other provision of this Section, any
17payments made or salary increases given after June 30, 2014
18shall be used in assessing payment for any amount due under
19subsection (f) of this Section.
20    (i) The System shall prepare a report and file copies of
21the report with the Governor and the General Assembly by
22January 1, 2007 that contains all of the following
23information:
24        (1) The number of recalculations required by the
25    changes made to this Section by Public Act 94-1057 for
26    each employer.

 

 

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1        (2) The dollar amount by which each employer's
2    contribution to the System was changed due to
3    recalculations required by Public Act 94-1057.
4        (3) The total amount the System received from each
5    employer as a result of the changes made to this Section by
6    Public Act 94-4.
7        (4) The increase in the required State contribution
8    resulting from the changes made to this Section by Public
9    Act 94-1057.
10    (i-5) For school years beginning on or after July 1, 2017,
11if the amount of a participant's salary for any school year
12exceeds the amount of the salary set for the Governor, the
13participant's employer shall pay to the System, in addition to
14all other payments required under this Section and in
15accordance with guidelines established by the System, an
16amount determined by the System to be equal to the employer
17normal cost, as established by the System and expressed as a
18total percentage of payroll, multiplied by the amount of
19salary in excess of the amount of the salary set for the
20Governor. This amount shall be computed by the System on the
21basis of the actuarial assumptions and tables used in the most
22recent actuarial valuation of the System that is available at
23the time of the computation. The System may require the
24employer to provide any pertinent information or
25documentation.
26    Whenever it determines that a payment is or may be

 

 

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1required under this subsection, the System shall calculate the
2amount of the payment and bill the employer for that amount.
3The bill shall specify the calculations used to determine the
4amount due. If the employer disputes the amount of the bill, it
5may, within 30 days after receipt of the bill, apply to the
6System in writing for a recalculation. The application must
7specify in detail the grounds of the dispute. Upon receiving a
8timely application for recalculation, the System shall review
9the application and, if appropriate, recalculate the amount
10due.
11    The employer contributions required under this subsection
12may be paid in the form of a lump sum within 90 days after
13receipt of the bill. If the employer contributions are not
14paid within 90 days after receipt of the bill, then interest
15will be charged at a rate equal to the System's annual
16actuarially assumed rate of return on investment compounded
17annually from the 91st day after receipt of the bill. Payments
18must be concluded within 3 years after the employer's receipt
19of the bill.
20    (j) For purposes of determining the required State
21contribution to the System, the value of the System's assets
22shall be equal to the actuarial value of the System's assets,
23which shall be calculated as follows:
24    As of June 30, 2008, the actuarial value of the System's
25assets shall be equal to the market value of the assets as of
26that date. In determining the actuarial value of the System's

 

 

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1assets for fiscal years after June 30, 2008, any actuarial
2gains or losses from investment return incurred in a fiscal
3year shall be recognized in equal annual amounts over the
45-year period following that fiscal year.
5    (k) For purposes of determining the required State
6contribution to the system for a particular year, the
7actuarial value of assets shall be assumed to earn a rate of
8return equal to the system's actuarially assumed rate of
9return.
10(Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
11102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
128-11-23.)
 
13    (40 ILCS 5/16-203)
14    Sec. 16-203. Application and expiration of new benefit
15increases.
16    (a) As used in this Section, "new benefit increase" means
17an increase in the amount of any benefit provided under this
18Article, or an expansion of the conditions of eligibility for
19any benefit under this Article, that results from an amendment
20to this Code that takes effect after June 1, 2005 (the
21effective date of Public Act 94-4). "New benefit increase",
22however, does not include any benefit increase resulting from
23the changes made to Article 1 or this Article by Public Act
2495-910, Public Act 100-23, Public Act 100-587, Public Act
25100-743, Public Act 100-769, Public Act 101-10, Public Act

 

 

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1101-49, Public Act 102-16, or Public Act 102-871, or this
2amendatory Act of the 103rd General Assembly.
3    (b) Notwithstanding any other provision of this Code or
4any subsequent amendment to this Code, every new benefit
5increase is subject to this Section and shall be deemed to be
6granted only in conformance with and contingent upon
7compliance with the provisions of this Section.
8    (c) The Public Act enacting a new benefit increase must
9identify and provide for payment to the System of additional
10funding at least sufficient to fund the resulting annual
11increase in cost to the System as it accrues.
12    Every new benefit increase is contingent upon the General
13Assembly providing the additional funding required under this
14subsection. The Commission on Government Forecasting and
15Accountability shall analyze whether adequate additional
16funding has been provided for the new benefit increase and
17shall report its analysis to the Public Pension Division of
18the Department of Insurance. A new benefit increase created by
19a Public Act that does not include the additional funding
20required under this subsection is null and void. If the Public
21Pension Division determines that the additional funding
22provided for a new benefit increase under this subsection is
23or has become inadequate, it may so certify to the Governor and
24the State Comptroller and, in the absence of corrective action
25by the General Assembly, the new benefit increase shall expire
26at the end of the fiscal year in which the certification is

 

 

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1made.
2    (d) Every new benefit increase shall expire 5 years after
3its effective date or on such earlier date as may be specified
4in the language enacting the new benefit increase or provided
5under subsection (c). This does not prevent the General
6Assembly from extending or re-creating a new benefit increase
7by law.
8    (e) Except as otherwise provided in the language creating
9the new benefit increase, a new benefit increase that expires
10under this Section continues to apply to persons who applied
11and qualified for the affected benefit while the new benefit
12increase was in effect and to the affected beneficiaries and
13alternate payees of such persons, but does not apply to any
14other person, including, without limitation, a person who
15continues in service after the expiration date and did not
16apply and qualify for the affected benefit while the new
17benefit increase was in effect.
18(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
19102-813, eff. 5-13-22; 102-871, eff. 5-13-22; 103-154, eff.
206-30-23.)
 
21    Section 10. The Board of Higher Education Act is amended
22by adding Section 9.44 as follows:
 
23    (110 ILCS 205/9.44 new)
24    Sec. 9.44. Student teaching stipend program.

 

 

HB4652 Engrossed- 36 -LRB103 36983 RJT 67097 b

1    (a) As used in this Section:
2    "Educator preparation program" means an approved educator
3preparation program offered by a recognized school or
4institution under Article 21B of the School Code.
5    "Eligible cooperating teacher" means a teacher who is
6licensed under Article 21B of the School Code or has attained
7the Department of Human Services' Gateways to Opportunity
8Early Childhood Education Credential Level 5 or 6, who is
9qualified to teach in the subject area assigned, and who is
10matched with an eligible student.
11    "Eligible student" means a student who is enrolled in an
12educator preparation program, who is maintaining satisfactory
13academic progress, who intends to teach in this State, who is
14placed as a student teacher, and who is not contracted as the
15teacher of record for the student teaching placement.
16    "Student teaching" means a supervised clinical experience
17that prepares a candidate to take full responsibility in an
18instructional setting.
19    (b) Subject to appropriation, the Board shall create a
20student teaching stipend program to alleviate the financial
21burden of student teaching, to encourage students to pursue
22teaching careers to alleviate this State's teacher shortage,
23and to encourage teachers to be matched with student teachers.
24    (c) An educator preparation program shall notify the Board
25of all eligible students and eligible cooperating teachers who
26qualify for the stipend program.

 

 

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1    (d) Under the stipend program and subject to available
2appropriations, the Board shall disburse to each educator
3preparation program funds to distribute to each eligible
4student a stipend of up to $10,000 per semester for up to 2
5consecutive semesters, plus additional funds to pay the direct
6costs of operating the stipend program. The educator
7preparation program shall distribute stipend funds using the
8standard methods for allocating State-based financial aid or
9as wages for employment to each eligible student in monthly
10installments.
11    (e) If there is a surplus appropriated in a fiscal year for
12the stipend program, then the Board shall increase the amount
13distributed to each educator preparation program by the same
14percentage that the surplus bears to the amount required to
15fully fund the total number of eligible students who qualify
16for the stipend program that fiscal year. An educator
17preparation program shall increase the stipend amount
18distributed to each eligible student in proportion to the
19surplus.
20    (f) If the amount appropriated in a fiscal year for the
21stipend program is insufficient to fully fund stipends for the
22total number of eligible students for that fiscal year, then
23the Board shall prioritize eligible students based on
24demonstrated financial need reported by each educator
25preparation program.
26    (g) Funds not distributed in a particular fiscal year by

 

 

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1an educator preparation program under this Section shall be
2returned to the Board to be used for the subsequent fiscal
3year's stipend program.
4    (h) An educator preparation program may not prohibit an
5eligible student from participating in the stipend program or
6from receiving a stipend from the stipend program.
7    (i) Under the stipend program and subject to available
8appropriations, the Board shall disburse funds to the State
9Board of Education, who shall disburse funds to each school
10district or early childhood education provider employing an
11eligible cooperating teacher funds to distribute to each
12eligible cooperating teacher a stipend of up to $2,000 per
13semester for up to 2 consecutive semesters per academic year.
14The school district or early childhood education provider
15shall distribute stipend funds to an eligible cooperating
16teacher in one payment.
17    (j) An eligible cooperating teacher who receives a stipend
18must complete State-approved, evidence-based training that
19aligns with training for instructional coaches, covers basic
20responsibilities of a cooperating teacher, includes
21evidence-based practices in supporting student teachers in
22school or early childhood settings, and includes the effective
23assessment of student teachers that aligns with State educator
24performance evaluation requirements or the equivalent for
25early childhood education. The State Board of Education shall
26develop training that meets the criteria of this subsection

 

 

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1available to cooperating teachers.
2    (k) If there is a surplus appropriated in a fiscal year for
3the stipend program, then the Board shall increase the amount
4distributed by the same percentage that the surplus bears to
5the amount required to fully fund the total number of eligible
6cooperating teachers who qualify for the stipend program that
7fiscal year. A school district or early childhood education
8provider shall increase the stipend amount distributed to each
9eligible cooperating teacher in proportion to the surplus.
10    (l) If the amount appropriated in a fiscal year for the
11stipend program is insufficient to fully fund stipends for the
12total number of eligible cooperating teachers for that fiscal
13year, then the Board shall reduce the amount distributed by
14the same percentage that the deficit bears to the amount
15required to fully fund the total number of eligible
16cooperating teachers who qualify for the stipend program. A
17school district or early childhood education provider shall
18reduce the stipend amount distributed to each eligible
19cooperating teacher in proportion to the deficit.
20    (m) Nothing in this Section is intended to preclude an
21educator preparation program from providing an eligible
22cooperating teacher with additional incentives.
23    (n) An eligible cooperating teacher participating in the
24stipend program may receive professional development hours for
25completing cooperating teacher training that count toward the
26eligible cooperating teacher's license renewal or the

 

 

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1equivalent for early childhood education.
2    (o) Subject to available appropriations, the Board shall
3issue a report evaluating the impact of the stipend program on
4educator preparation programs, including enrollment and
5completion rates, hiring rates, and retention rates. The Board
6shall issue this report in collaboration with the State Board
7of Education. The Board shall submit this report to the
8General Assembly and Governor on or before June 30 of the
9fiscal year following the third consecutive fiscal year during
10which the stipend program has received funding of at least
11$2,000,000.
12    (p) The Board shall provide guidance and technical
13assistance to educator preparation programs on the
14administration of the stipend program.
15    (q) The Board shall adopt rules regarding the
16administration of the stipend program, including, but not
17limited to, the allocation of funds for the stipend program.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.