Rep. Daniel J. Burke

Filed: 3/10/2015

 

 


 

 


 
09900HB2502ham001LRB099 07451 EFG 31739 a

1
AMENDMENT TO HOUSE BILL 2502

2    AMENDMENT NO. ______. Amend House Bill 2502 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Pension Code is amended by adding
5Sections 17-133.5 and 17-149 as follows:
 
6    (40 ILCS 5/17-133.5 new)
7    Sec. 17-133.5. Pensionable earnings; charter school
8reporting. Any earned sick pay which is payable by a charter
9school shall be considered pensionable earnings as provided by
10Section 17-134 and the charter school shall certify the number
11of sick days being paid. Any lump sum paid by a charter school
12to a contributor before or after the school year shall be
13considered pensionable earnings if the payment is conditioned
14in any way on validated service being performed by the
15contributor.
 

 

 

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1    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)
2    Sec. 17-149. Cancellation of pensions.
3    (a) If any person receiving a disability retirement pension
4from the Fund is re-employed as a teacher by an Employer, the
5pension shall be cancelled on the date the re-employment
6begins, or on the first day of a payroll period for which
7service credit was validated, whichever is earlier.
8    (b) If any person receiving a service retirement pension
9from the Fund is re-employed as a teacher on a permanent or
10annual basis by an Employer, the pension shall be cancelled on
11the date the re-employment begins, or on the first day of a
12payroll period for which service credit was validated,
13whichever is earlier. However, subject to the limitations and
14requirements of subsection (c-5), the pension shall not be
15cancelled in the case of a service retirement pensioner who is
16re-employed on a temporary and non-annual basis or on an hourly
17basis.
18    (c) If the date of re-employment on a permanent or annual
19basis occurs within 5 school months after the date of previous
20retirement, exclusive of any vacation period, the member shall
21be deemed to have been out of service only temporarily and not
22permanently retired. Such person shall be entitled to pension
23payments for the time he could have been employed as a teacher
24and received salary, but shall not be entitled to pension for
25or during the summer vacation prior to his return to service.
26    When the member again retires on pension, the time of

 

 

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1service and the money contributed by him during re-employment
2shall be added to the time and money previously credited. Such
3person must acquire 3 consecutive years of additional
4contributing service before he may retire again on a pension at
5a rate and under conditions other than those in force or
6attained at the time of his previous retirement.
7    (c-5) The service retirement pension shall not be cancelled
8in the case of a service retirement pensioner who is
9re-employed as a teacher on a temporary and non-annual basis or
10on an hourly basis, so long as the person (1) does not work as a
11teacher for compensation on more than 100 days in a school year
12or and (2) does not accept gross compensation for the
13re-employment in a school year in excess of (i) $30,000 or (ii)
14in the case of a person who retires with at least 5 years of
15service as a principal, an amount that is equal to the daily
16rate normally paid to retired principals multiplied by 100.
17These limitations apply only to school years that begin on or
18after the effective date of this amendatory Act of the 97th
19General Assembly. Such re-employment does not require
20contributions, result in service credit, or constitute active
21membership in the Fund.
22    To be eligible for such re-employment without cancellation
23of pension, the pensioner must notify the Fund and the Board of
24Education of his or her intention to accept re-employment under
25this subsection (c-5) before beginning that re-employment (or
26if the re-employment began before the effective date of this

 

 

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1amendatory Act, then within 30 days after that effective date).
2    An Employer The Board of Education must certify to the Fund
3the temporary and non-annual or hourly status and the
4compensation of each pensioner re-employed under this
5subsection at least quarterly, and when the pensioner is
6approaching the earnings limitation under this subsection.
7    If the pensioner works more than 100 days or accepts excess
8gross compensation for such re-employment in any school year
9that begins on or after the effective date of this amendatory
10Act of the 97th General Assembly, the service retirement
11pension shall thereupon be cancelled.
12    The Board of the Fund shall adopt rules for the
13implementation and administration of this subsection.
14    (d) Notwithstanding Sections 1-103.1 and 17-157, the
15changes to this Section made by Public Act 90-32 apply without
16regard to whether termination of service occurred before the
17effective date of that Act and apply retroactively to August
1823, 1989.
19    Notwithstanding Sections 1-103.1 and 17-157, the changes
20to this Section and Section 17-106 made by Public Act 92-599
21apply without regard to whether termination of service occurred
22before the effective date of that Act.
23    Notwithstanding Sections 1-103.1 and 17-157, the changes
24to this Section made by this amendatory Act of the 97th General
25Assembly apply without regard to whether termination of service
26occurred before the effective date of this amendatory Act.

 

 

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1(Source: P.A. 97-912, eff. 8-8-12.)
 
2    Section 90. The State Mandates Act is amended by adding
3Section 8.39 as follows:
 
4    (30 ILCS 805/8.39 new)
5    Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
6of this Act, no reimbursement by the State is required for the
7implementation of any mandate created by this amendatory Act of
8the 99th General Assembly.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".