97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3870

 

Introduced 11/2/2011, by Rep. Richard Morthland - David Harris - Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-106  from Ch. 108 1/2, par. 16-106

    Amends the Downstate Teachers Article of the Illinois Pension Code. Provides that if a teacher has not, before the effective date of the amendatory Act, availed himself or herself of the opportunity to establish service credit for similar employment under a specific provision of the Code, then he or she must, on or before that date, pay to the Teachers' Retirement System of the State of Illinois all contributions that must ordinarily be paid in order to establish that credit. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 changing
5Section 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
8individuals, provided that, for employment prior to July 1,
91990, they are employed on a full-time basis, or if not
10full-time, on a permanent and continuous basis in a position in
11which services are expected to be rendered for at least one
12school term:
13        (1) Any educational, administrative, professional or
14    other staff employed in the public common schools included
15    within this system in a position requiring certification
16    under the law governing the certification of teachers;
17        (2) Any educational, administrative, professional or
18    other staff employed in any facility of the Department of
19    Children and Family Services or the Department of Human
20    Services, in a position requiring certification under the
21    law governing the certification of teachers, and any person
22    who (i) works in such a position for the Department of
23    Corrections, (ii) was a member of this System on May 31,

 

 

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1    1987, and (iii) did not elect to become a member of the
2    State Employees' Retirement System pursuant to Section
3    14-108.2 of this Code; except that "teacher" does not
4    include any person who (A) becomes a security employee of
5    the Department of Human Services, as defined in Section
6    14-110, after June 28, 2001 (the effective date of Public
7    Act 92-14), or (B) becomes a member of the State Employees'
8    Retirement System pursuant to Section 14-108.2c of this
9    Code;
10        (3) Any regional superintendent of schools, assistant
11    regional superintendent of schools, State Superintendent
12    of Education; any person employed by the State Board of
13    Education as an executive; any executive of the boards
14    engaged in the service of public common school education in
15    school districts covered under this system of which the
16    State Superintendent of Education is an ex-officio member;
17        (4) Any employee of a school board association
18    operating in compliance with Article 23 of the School Code
19    who is certificated under the law governing the
20    certification of teachers;
21        (5) Any person employed by the retirement system who:
22            (i) was an employee of and a participant in the
23        system on August 17, 2001 (the effective date of Public
24        Act 92-416), or
25            (ii) becomes an employee of the system on or after
26        August 17, 2001;

 

 

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1        (6) Any educational, administrative, professional or
2    other staff employed by and under the supervision and
3    control of a regional superintendent of schools, provided
4    such employment position requires the person to be
5    certificated under the law governing the certification of
6    teachers and is in an educational program serving 2 or more
7    districts in accordance with a joint agreement authorized
8    by the School Code or by federal legislation;
9        (7) Any educational, administrative, professional or
10    other staff employed in an educational program serving 2 or
11    more school districts in accordance with a joint agreement
12    authorized by the School Code or by federal legislation and
13    in a position requiring certification under the laws
14    governing the certification of teachers;
15        (8) Any officer or employee of a statewide teacher
16    organization or officer of a national teacher organization
17    who is certified under the law governing certification of
18    teachers, provided: (i) the individual had previously
19    established creditable service under this Article, (ii)
20    the individual files with the system an irrevocable
21    election to become a member, and (iii) the individual does
22    not receive credit for such service under any other Article
23    of this Code;
24        (9) Any educational, administrative, professional, or
25    other staff employed in a charter school operating in
26    compliance with the Charter Schools Law who is certificated

 

 

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1    under the law governing the certification of teachers.
2        (10) Any person employed, on the effective date of this
3    amendatory Act of the 94th General Assembly, by the
4    Macon-Piatt Regional Office of Education in a
5    birth-through-age-three pilot program receiving funds
6    under Section 2-389 of the School Code who is required by
7    the Macon-Piatt Regional Office of Education to hold a
8    teaching certificate, provided that the Macon-Piatt
9    Regional Office of Education makes an election, within 6
10    months after the effective date of this amendatory Act of
11    the 94th General Assembly, to have the person participate
12    in the system. Any service established prior to the
13    effective date of this amendatory Act of the 94th General
14    Assembly for service as an employee of the Macon-Piatt
15    Regional Office of Education in a birth-through-age-three
16    pilot program receiving funds under Section 2-389 of the
17    School Code shall be considered service as a teacher if
18    employee and employer contributions have been received by
19    the system and the system has not refunded those
20    contributions.
21    An annuitant receiving a retirement annuity under this
22Article or under Article 17 of this Code who is employed by a
23board of education or other employer as permitted under Section
2416-118 or 16-150.1 is not a "teacher" for purposes of this
25Article. A person who has received a single-sum retirement
26benefit under Section 16-136.4 of this Article is not a

 

 

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1"teacher" for purposes of this Article.
2    A person who is a teacher as described in item (8) of this
3Section may establish service credit for similar employment
4prior to becoming certified as a teacher if he or she (i) is
5certified as a teacher on or before the effective date of this
6amendatory Act of the 94th General Assembly, (ii) applies in
7writing to the system within 6 months after the effective date
8of this amendatory Act of the 94th General Assembly, and (iii)
9pays to the system contributions equal to the normal costs
10calculated from the date of first full-time employment as
11described in item (8) to the date of payment, compounded
12annually at the rate of 8.5% per year for periods before the
13effective date of this amendatory Act of the 94th General
14Assembly and for subsequent periods at a rate equal to the
15System's actuarially assumed rate of return on investments.
16However, credit shall not be granted under this paragraph for
17any such prior employment for which the applicant received
18credit under any other provision of this Code. In addition, to
19qualify to receive service credit under this paragraph, a
20person who has not, before the effective date of this
21amendatory Act of the 97th General Assembly, exercised his or
22her rights under this paragraph must, on or before that date,
23pay to the System all contributions due under item (iii) of
24this paragraph.
25(Source: P.A. 93-320, eff. 7-23-03; 94-1111, eff. 2-27-07.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.