Illinois General Assembly - Full Text of HB2998
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Full Text of HB2998  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Dave Severin


40 ILCS 5/16-128.5 new
40 ILCS 5/16-203

    Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.

LRB102 14617 RPS 19970 b






HB2998LRB102 14617 RPS 19970 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 adding
5Section 16-128.5 and by amending Section 16-203 as follows:
6    (40 ILCS 5/16-128.5 new)
7    Sec. 16-128.5. Additional service credit for service
8during the COVID-19 public health emergency. A teacher who
9served as a teacher during the public health emergency
10declared by the Governor related to the COVID-19 pandemic
11shall receive one additional day of service credit for each
12day of service credit earned during that period,
13notwithstanding any limitation on the amount of service credit
14that may be earned in a single year. Service credit under this
15Section shall be granted without any additional employee or
16employer contribution.
17    (40 ILCS 5/16-203)
18    Sec. 16-203. Application and expiration of new benefit
20    (a) As used in this Section, "new benefit increase" means
21an increase in the amount of any benefit provided under this
22Article, or an expansion of the conditions of eligibility for



HB2998- 2 -LRB102 14617 RPS 19970 b

1any benefit under this Article, that results from an amendment
2to this Code that takes effect after June 1, 2005 (the
3effective date of Public Act 94-4). "New benefit increase",
4however, does not include any benefit increase resulting from
5the changes made to Article 1 or this Article by Public Act
695-910, Public Act 100-23, Public Act 100-587, Public Act
7100-743, or Public Act 100-769, Public Act 101-10, Public Act
8101-49, or this amendatory Act of the 102nd General Assembly
9or this amendatory Act of the 101st General Assembly.
10    (b) Notwithstanding any other provision of this Code or
11any subsequent amendment to this Code, every new benefit
12increase is subject to this Section and shall be deemed to be
13granted only in conformance with and contingent upon
14compliance with the provisions of this Section.
15    (c) The Public Act enacting a new benefit increase must
16identify and provide for payment to the System of additional
17funding at least sufficient to fund the resulting annual
18increase in cost to the System as it accrues.
19    Every new benefit increase is contingent upon the General
20Assembly providing the additional funding required under this
21subsection. The Commission on Government Forecasting and
22Accountability shall analyze whether adequate additional
23funding has been provided for the new benefit increase and
24shall report its analysis to the Public Pension Division of
25the Department of Insurance. A new benefit increase created by
26a Public Act that does not include the additional funding



HB2998- 3 -LRB102 14617 RPS 19970 b

1required under this subsection is null and void. If the Public
2Pension Division determines that the additional funding
3provided for a new benefit increase under this subsection is
4or has become inadequate, it may so certify to the Governor and
5the State Comptroller and, in the absence of corrective action
6by the General Assembly, the new benefit increase shall expire
7at the end of the fiscal year in which the certification is
9    (d) Every new benefit increase shall expire 5 years after
10its effective date or on such earlier date as may be specified
11in the language enacting the new benefit increase or provided
12under subsection (c). This does not prevent the General
13Assembly from extending or re-creating a new benefit increase
14by law.
15    (e) Except as otherwise provided in the language creating
16the new benefit increase, a new benefit increase that expires
17under this Section continues to apply to persons who applied
18and qualified for the affected benefit while the new benefit
19increase was in effect and to the affected beneficiaries and
20alternate payees of such persons, but does not apply to any
21other person, including, without limitation, a person who
22continues in service after the expiration date and did not
23apply and qualify for the affected benefit while the new
24benefit increase was in effect.
25(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
26100-743, eff. 8-10-18; 100-769, eff. 8-10-18; 101-10, eff.



HB2998- 4 -LRB102 14617 RPS 19970 b

16-5-19; 101-49, eff. 7-12-19; 101-81, eff. 7-12-19; revised
3    Section 99. Effective date. This Act takes effect upon
4becoming law.