Illinois General Assembly - Full Text of HB5554
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Full Text of HB5554  102nd General Assembly

HB5554 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5554

 

Introduced 1/31/2022, by Rep. Lamont J. Robinson, Jr.

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/17-149  from Ch. 108 1/2, par. 17-149

    Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that a service retirement pension shall not be cancelled in the case of a service retirement pensioner who is re-employed as an administrator on a temporary and non-annual basis or on an hourly basis, so long as the person does not work as an administrator for compensation on more than 140 days in a school year. Provides that such re-employment does not require contributions, result in service credit, or constitute active membership in the Fund. Effective immediately.


LRB102 25993 RPS 35398 b

 

 

A BILL FOR

 

HB5554LRB102 25993 RPS 35398 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
5changing Section 17-149 as follows:
 
6    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)
7    Sec. 17-149. Cancellation of pensions.
8    (a) If any person receiving a disability retirement
9pension from the Fund is re-employed as a teacher by an
10Employer, the pension shall be cancelled on the date the
11re-employment begins, or on the first day of a payroll period
12for which service credit was validated, whichever is earlier.
13    (b) If any person receiving a service retirement pension
14from the Fund is re-employed as a teacher on a permanent or
15annual basis by an Employer, the pension shall be cancelled on
16the date the re-employment begins, or on the first day of a
17payroll period for which service credit was validated,
18whichever is earlier. However, subject to the limitations and
19requirements of subsection (c-5), the pension shall not be
20cancelled in the case of a service retirement pensioner who is
21re-employed on a temporary and non-annual basis or on an
22hourly basis.
23    (c) If the date of re-employment on a permanent or annual

 

 

HB5554- 2 -LRB102 25993 RPS 35398 b

1basis occurs within 5 school months after the date of previous
2retirement, exclusive of any vacation period, the member shall
3be deemed to have been out of service only temporarily and not
4permanently retired. Such person shall be entitled to pension
5payments for the time he could have been employed as a teacher
6and received salary, but shall not be entitled to pension for
7or during the summer vacation prior to his return to service.
8    When the member again retires on pension, the time of
9service and the money contributed by him during re-employment
10shall be added to the time and money previously credited. Such
11person must acquire 3 consecutive years of additional
12contributing service before he may retire again on a pension
13at a rate and under conditions other than those in force or
14attained at the time of his previous retirement.
15    (c-5) For school years beginning on or after July 1, 2019,
16the service retirement pension shall not be cancelled in the
17case of a service retirement pensioner who is re-employed as a
18teacher on a temporary and non-annual basis or on an hourly
19basis, so long as the person (1) does not work as a teacher for
20compensation on more than 120 days in a school year or (2) does
21not accept gross compensation for the re-employment in a
22school year in excess of (i) $30,000 or (ii) in the case of a
23person who retires with at least 5 years of service as a
24principal, an amount that is equal to the daily rate normally
25paid to retired principals multiplied by 100. These
26limitations apply only to school years that begin on or after

 

 

HB5554- 3 -LRB102 25993 RPS 35398 b

1July 1, 2019. Such re-employment does not require
2contributions, result in service credit, or constitute active
3membership in the Fund.
4    The service retirement pension shall not be cancelled in
5the case of a service retirement pensioner who is re-employed
6as a teacher on a temporary and non-annual basis or on an
7hourly basis, so long as the person (1) does not work as a
8teacher for compensation on more than 100 days in a school year
9or (2) does not accept gross compensation for the
10re-employment in a school year in excess of (i) $30,000 or (ii)
11in the case of a person who retires with at least 5 years of
12service as a principal, an amount that is equal to the daily
13rate normally paid to retired principals multiplied by 100.
14These limitations apply only to school years that begin on or
15after August 8, 2012 (the effective date of Public Act 97-912)
16and before July 1, 2019. Such re-employment does not require
17contributions, result in service credit, or constitute active
18membership in the Fund.
19    Notwithstanding the 120-day limit set forth in item (1) of
20this subsection (c-5), the service retirement pension shall
21not be cancelled in the case of a service retirement pensioner
22who teaches only driver education courses after regular school
23hours and does not teach any other subject area, so long as the
24person does not work as a teacher for compensation for more
25than 900 hours in a school year. The $30,000 limit set forth in
26subitem (i) of item (2) of this subsection (c-5) shall apply to

 

 

HB5554- 4 -LRB102 25993 RPS 35398 b

1a service retirement pensioner who teaches only driver
2education courses after regular school hours and does not
3teach any other subject area.
4    The service retirement pension shall not be cancelled in
5the case of a service retirement pensioner who is re-employed
6as an administrator on a temporary and non-annual basis or on
7an hourly basis, so long as the person does not work as an
8administrator for compensation on more than 140 days in a
9school year. Such re-employment does not require
10contributions, result in service credit, or constitute active
11membership in the Fund.
12    To be eligible for such re-employment without cancellation
13of pension, the pensioner must notify the Fund and the Board of
14Education of his or her intention to accept re-employment
15under this subsection (c-5) before beginning that
16re-employment (or if the re-employment began before the
17effective date of this amendatory Act, then within 30 days
18after that effective date).
19    An Employer must certify to the Fund the temporary and
20non-annual or hourly status and the compensation of each
21pensioner re-employed under this subsection at least
22quarterly, and when the pensioner is approaching the earnings
23limitation under this subsection.
24    If the pensioner works more than 100 days or accepts
25excess gross compensation for such re-employment in any school
26year that begins on or after August 8, 2012 (the effective date

 

 

HB5554- 5 -LRB102 25993 RPS 35398 b

1of Public Act 97-912), the service retirement pension shall
2thereupon be cancelled.
3    If the pensioner who only teaches drivers education
4courses after regular school hours works more than 900 hours
5or accepts excess gross compensation for such re-employment in
6any school year that begins on or after the effective date of
7this amendatory Act of the 99th General Assembly, the service
8retirement pension shall thereupon be cancelled.
9    If the pensioner works more than 120 days or accepts
10excess gross compensation for such re-employment in any school
11year that begins on or after July 1, 2019, the service
12retirement pension shall thereupon be cancelled.
13    The Board of the Fund shall adopt rules for the
14implementation and administration of this subsection.
15    (d) Notwithstanding Sections 1-103.1 and 17-157, the
16changes to this Section made by Public Act 90-32 apply without
17regard to whether termination of service occurred before the
18effective date of that Act and apply retroactively to August
1923, 1989.
20    Notwithstanding Sections 1-103.1 and 17-157, the changes
21to this Section and Section 17-106 made by Public Act 92-599
22apply without regard to whether termination of service
23occurred before the effective date of that Act.
24    Notwithstanding Sections 1-103.1 and 17-157, the changes
25to this Section made by this amendatory Act of the 97th General
26Assembly apply without regard to whether termination of

 

 

HB5554- 6 -LRB102 25993 RPS 35398 b

1service occurred before the effective date of this amendatory
2Act.
3(Source: P.A. 101-340, eff. 8-9-19.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.