093_SB1511

 
                                     LRB093 07298 EFG 07457 b

 1        AN ACT in relation to teachers.

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

 4        Section  5.   The  Illinois  Pension  Code  is amended by
 5    changing Section 16-106 as follows:

 6        (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
 7        Sec.   16-106.  Teacher.    "Teacher":   The    following
 8    individuals,  provided  that, for employment prior to July 1,
 9    1990, they are employed on  a  full-time  basis,  or  if  not
10    full-time,  on a permanent and continuous basis in a position
11    in which services are expected to be rendered  for  at  least
12    one school term:
13             (1)  Any  educational,  administrative, professional
14        or other staff employed  in  the  public  common  schools
15        included  within  this  system  in  a  position requiring
16        certification under the law governing  the  certification
17        of teachers;
18             (2)  Any  educational,  administrative, professional
19        or other staff employed in any facility of the Department
20        of Children and Family  Services  or  the  Department  of
21        Human  Services,  in  a  position requiring certification
22        under the law governing the  certification  of  teachers,
23        and  any  person who (i) works in such a position for the
24        Department of Corrections, (ii)  was  a  member  of  this
25        System on May 31, 1987, and (iii) did not elect to become
26        a  member  of  the  State  Employees'  Retirement  System
27        pursuant  to  Section  14-108.2 of this Code; except that
28        "teacher" does not include any person who (A)  becomes  a
29        security employee of the Department of Human Services, as
30        defined  in  Section  14-110,  after  June  28, 2001 (the
31        effective date of Public Act 92-14),  or  (B)  becomes  a
 
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 1        member of the State Employees' Retirement System pursuant
 2        to Section 14-108.2c of this Code;
 3             (3)  Any   regional   superintendent   of   schools,
 4        assistant   regional  superintendent  of  schools,  State
 5        Superintendent of Education; any person employed  by  the
 6        State  Board  of Education as an executive; any executive
 7        of the boards engaged in the  service  of  public  common
 8        school  education  in school districts covered under this
 9        system of which the State Superintendent of Education  is
10        an ex-officio member;
11             (4)  Any  employee  of  a  school  board association
12        operating in compliance with Article  23  of  the  School
13        Code  who  is  certificated  under  the law governing the
14        certification of teachers;
15             (5)  Any person employed by  the  retirement  system
16        who:
17                  (i)  was  an  employee  of and a participant in
18             the system on August 17, 2001 (the effective date of
19             Public Act 92-416), or
20                  (ii)  becomes an employee of the system  on  or
21             after August 17, 2001;
22             (6)  Any  educational,  administrative, professional
23        or other staff employed by and under the supervision  and
24        control of a regional superintendent of schools, provided
25        such  employment  position  requires  the  person  to  be
26        certificated under the law governing the certification of
27        teachers  and  is  in an educational program serving 2 or
28        more districts  in  accordance  with  a  joint  agreement
29        authorized by the School Code or by federal legislation;
30             (7)  Any  educational,  administrative, professional
31        or  other  staff  employed  in   an  educational  program
32        serving 2 or more school districts in accordance  with  a
33        joint  agreement  authorized  by  the  School  Code or by
34        federal  legislation  and   in   a   position   requiring
 
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 1        certification  under the laws governing the certification
 2        of teachers;
 3             (8)  Any officer or employee of a statewide  teacher
 4        organization   or   officer   of   a   national   teacher
 5        organization  who  is  certified  under the law governing
 6        certification of teachers, provided: (i)  the  individual
 7        had  previously established creditable service under this
 8        Article, (ii) the individual files  with  the  system  an
 9        irrevocable  election  to  become a member, and (iii) the
10        individual does not receive credit for such service under
11        any other Article of this Code;
12             (9)  Any educational, administrative,  professional,
13        or  other staff employed in a charter school operating in
14        compliance  with  the  Charter   Schools   Law   who   is
15        certificated under the law governing the certification of
16        teachers.
17        A person who is employed by a private business enterprise
18    engaged  in  the business of providing schools with temporary
19    substitute teachers is not a "teacher" for  the  purposes  of
20    this  Article  and  is neither entitled to service credit nor
21    required to make employee contributions with respect to  that
22    employment.
23        An  annuitant  receiving  a retirement annuity under this
24    Article or under Article 17 of this Code who  is  temporarily
25    employed  by  a  board  of  education  or  other employer not
26    exceeding that  permitted  under  Section  16-118  is  not  a
27    "teacher"  for  purposes  of  this Article.  A person who has
28    received  a  single-sum  retirement  benefit  under   Section
29    16-136.4  of  this Article is not a "teacher" for purposes of
30    this Article.
31    (Source: P.A. 92-14,  eff.  6-28-01;  92-416,  eff.  8-17-01;
32    92-651, eff. 7-11-02.)

33        Section  10.   The  School  Code  is  amended by changing
 
                            -4-      LRB093 07298 EFG 07457 b
 1    Section 10-20.7 as follows:

 2        (105 ILCS 5/10-20.7) (from Ch. 122, par. 10-20.7)
 3        Sec. 10-20.7. Appoint teachers  and  fix  salaries.    To
 4    appoint  all  teachers  and fix the amount of their salaries,
 5    subject to limitations set forth in this Act.
 6        In fixing  salaries  of  certificated  employees,  school
 7    boards  shall  make  no  discrimination on account of sex and
 8    there shall be no loss in salary  because  of  jury  duty  or
 9    because  such  employee,  pursuant  to subpoena issued by the
10    clerk of a court and served on such employee,  attends  as  a
11    witness  upon trial or to have his or her deposition taken in
12    any school related matter pending in court, except  that  the
13    board  may  make a deduction equal to the amount received for
14    such jury duty or for per diem fees  which  the  employee  is
15    entitled   to  receive  for  complying  with  such  subpoena.
16    Certified employees may be paid full salary by the board when
17    in the active service of this  State,  under  orders  of  the
18    Commander-in-Chief, as members of the Illinois National Guard
19    or Illinois Naval Militia, provided that the board may deduct
20    from such salary any amounts received for such State service.
21    A  school  board  may  at  any  time  after  January 1 employ
22    teachers for the school year beginning on the following  July
23    1.
24        A  school  board  may  contract  with  a private business
25    entity to train and provide  qualified  temporary  substitute
26    teachers.   The  contract  may  provide  that those qualified
27    temporary substitute teachers are employees  of  the  private
28    business entity rather than employees of the school board.
29    (Source: P.A. 86-1366.)

30        Section  99.  Effective date.  This Act takes effect July
31    1, 2003.