Full Text of SB2627 103rd General Assembly
SB2627 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2627 Introduced 10/25/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: | | 40 ILCS 5/16-158 | from Ch. 108 1/2, par. 16-158 | 105 ILCS 5/24-8 | from Ch. 122, par. 24-8 |
| Amends the Downstate Teachers Article of Illinois Pension Code. Specifies that the provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6% excludes salary increases necessary to bring a school board in compliance with the changes to the minimum salary provisions of the School Code under the amendatory Act. Amends the Employment of Teachers Article of the School Code. In provisions concerning the minimum salary, provides that the minimum salary shall be $50,000 for the 2024-2025 school year, $55,000 for the 2025-2026 school year, and $60,000 for the 2026-2027 school year. Provides that the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for the 2027-2028 school year (rather than for the 2024-2025 school year) no later than September 30, 2026 (rather than September 30, 2023); makes conforming changes. |
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning education. | 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 16-158 as follows: | 6 | | (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) | 7 | | Sec. 16-158. Contributions by State and other employing | 8 | | units. | 9 | | (a) The State shall make contributions to the System by | 10 | | means of appropriations from the Common School Fund and other | 11 | | State funds of amounts which, together with other employer | 12 | | contributions, employee contributions, investment income, and | 13 | | other income, will be sufficient to meet the cost of | 14 | | maintaining and administering the System on a 90% funded basis | 15 | | in accordance with actuarial recommendations. | 16 | | The Board shall determine the amount of State | 17 | | contributions required for each fiscal year on the basis of | 18 | | the actuarial tables and other assumptions adopted by the | 19 | | Board and the recommendations of the actuary, using the | 20 | | formula in subsection (b-3). | 21 | | (a-1) Annually, on or before November 15 until November | 22 | | 15, 2011, the Board shall certify to the Governor the amount of | 23 | | the required State contribution for the coming fiscal year. |
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| 1 | | The certification under this subsection (a-1) shall include a | 2 | | copy of the actuarial recommendations upon which it is based | 3 | | and shall specifically identify the System's projected State | 4 | | normal cost for that fiscal year. | 5 | | On or before May 1, 2004, the Board shall recalculate and | 6 | | recertify to the Governor the amount of the required State | 7 | | contribution to the System for State fiscal year 2005, taking | 8 | | into account the amounts appropriated to and received by the | 9 | | System under subsection (d) of Section 7.2 of the General | 10 | | Obligation Bond Act. | 11 | | On or before July 1, 2005, the Board shall recalculate and | 12 | | recertify to the Governor the amount of the required State | 13 | | contribution to the System for State fiscal year 2006, taking | 14 | | into account the changes in required State contributions made | 15 | | by Public Act 94-4. | 16 | | On or before April 1, 2011, the Board shall recalculate | 17 | | and recertify to the Governor the amount of the required State | 18 | | contribution to the System for State fiscal year 2011, | 19 | | applying the changes made by Public Act 96-889 to the System's | 20 | | assets and liabilities as of June 30, 2009 as though Public Act | 21 | | 96-889 was approved on that date. | 22 | | (a-5) On or before November 1 of each year, beginning | 23 | | November 1, 2012, the Board shall submit to the State Actuary, | 24 | | the Governor, and the General Assembly a proposed | 25 | | certification of the amount of the required State contribution | 26 | | to the System for the next fiscal year, along with all of the |
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| 1 | | actuarial assumptions, calculations, and data upon which that | 2 | | proposed certification is based. On or before January 1 of | 3 | | each year, beginning January 1, 2013, the State Actuary shall | 4 | | issue a preliminary report concerning the proposed | 5 | | certification and identifying, if necessary, recommended | 6 | | changes in actuarial assumptions that the Board must consider | 7 | | before finalizing its certification of the required State | 8 | | contributions. On or before January 15, 2013 and each January | 9 | | 15 thereafter, the Board shall certify to the Governor and the | 10 | | General Assembly the amount of the required State contribution | 11 | | for the next fiscal year. The Board's certification must note | 12 | | any deviations from the State Actuary's recommended changes, | 13 | | the reason or reasons for not following the State Actuary's | 14 | | recommended changes, and the fiscal impact of not following | 15 | | the State Actuary's recommended changes on the required State | 16 | | contribution. | 17 | | (a-10) By November 1, 2017, the Board shall recalculate | 18 | | and recertify to the State Actuary, the Governor, and the | 19 | | General Assembly the amount of the State contribution to the | 20 | | System for State fiscal year 2018, taking into account the | 21 | | changes in required State contributions made by Public Act | 22 | | 100-23. The State Actuary shall review the assumptions and | 23 | | valuations underlying the Board's revised certification and | 24 | | issue a preliminary report concerning the proposed | 25 | | recertification and identifying, if necessary, recommended | 26 | | changes in actuarial assumptions that the Board must consider |
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| 1 | | before finalizing its certification of the required State | 2 | | contributions. The Board's final certification must note any | 3 | | deviations from the State Actuary's recommended changes, the | 4 | | reason or reasons for not following the State Actuary's | 5 | | recommended changes, and the fiscal impact of not following | 6 | | the State Actuary's recommended changes on the required State | 7 | | contribution. | 8 | | (a-15) On or after June 15, 2019, but no later than June | 9 | | 30, 2019, the Board shall recalculate and recertify to the | 10 | | Governor and the General Assembly the amount of the State | 11 | | contribution to the System for State fiscal year 2019, taking | 12 | | into account the changes in required State contributions made | 13 | | by Public Act 100-587. The recalculation shall be made using | 14 | | assumptions adopted by the Board for the original fiscal year | 15 | | 2019 certification. The monthly voucher for the 12th month of | 16 | | fiscal year 2019 shall be paid by the Comptroller after the | 17 | | recertification required pursuant to this subsection is | 18 | | submitted to the Governor, Comptroller, and General Assembly. | 19 | | The recertification submitted to the General Assembly shall be | 20 | | filed with the Clerk of the House of Representatives and the | 21 | | Secretary of the Senate in electronic form only, in the manner | 22 | | that the Clerk and the Secretary shall direct. | 23 | | (b) Through State fiscal year 1995, the State | 24 | | contributions shall be paid to the System in accordance with | 25 | | Section 18-7 of the School Code. | 26 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
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| 1 | | of each month, or as soon thereafter as may be practicable, the | 2 | | Board shall submit vouchers for payment of State contributions | 3 | | to the System, in a total monthly amount of one-twelfth of the | 4 | | required annual State contribution certified under subsection | 5 | | (a-1). From March 5, 2004 (the effective date of Public Act | 6 | | 93-665) through June 30, 2004, the Board shall not submit | 7 | | vouchers for the remainder of fiscal year 2004 in excess of the | 8 | | fiscal year 2004 certified contribution amount determined | 9 | | under this Section after taking into consideration the | 10 | | transfer to the System under subsection (a) of Section 6z-61 | 11 | | of the State Finance Act. These vouchers shall be paid by the | 12 | | State Comptroller and Treasurer by warrants drawn on the funds | 13 | | appropriated to the System for that fiscal year. | 14 | | If in any month the amount remaining unexpended from all | 15 | | other appropriations to the System for the applicable fiscal | 16 | | year (including the appropriations to the System under Section | 17 | | 8.12 of the State Finance Act and Section 1 of the State | 18 | | Pension Funds Continuing Appropriation Act) is less than the | 19 | | amount lawfully vouchered under this subsection, the | 20 | | difference shall be paid from the Common School Fund under the | 21 | | continuing appropriation authority provided in Section 1.1 of | 22 | | the State Pension Funds Continuing Appropriation Act. | 23 | | (b-2) Allocations from the Common School Fund apportioned | 24 | | to school districts not coming under this System shall not be | 25 | | diminished or affected by the provisions of this Article. | 26 | | (b-3) For State fiscal years 2012 through 2045, the |
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| 1 | | minimum contribution to the System to be made by the State for | 2 | | each fiscal year shall be an amount determined by the System to | 3 | | be sufficient to bring the total assets of the System up to 90% | 4 | | of the total actuarial liabilities of the System by the end of | 5 | | State fiscal year 2045. In making these determinations, the | 6 | | required State contribution shall be calculated each year as a | 7 | | level percentage of payroll over the years remaining to and | 8 | | including fiscal year 2045 and shall be determined under the | 9 | | projected unit credit actuarial cost method. | 10 | | For each of State fiscal years 2018, 2019, and 2020, the | 11 | | State shall make an additional contribution to the System | 12 | | equal to 2% of the total payroll of each employee who is deemed | 13 | | to have elected the benefits under Section 1-161 or who has | 14 | | made the election under subsection (c) of Section 1-161. | 15 | | A change in an actuarial or investment assumption that | 16 | | increases or decreases the required State contribution and | 17 | | first applies in State fiscal year 2018 or thereafter shall be | 18 | | implemented in equal annual amounts over a 5-year period | 19 | | beginning in the State fiscal year in which the actuarial | 20 | | change first applies to the required State contribution. | 21 | | A change in an actuarial or investment assumption that | 22 | | increases or decreases the required State contribution and | 23 | | first applied to the State contribution in fiscal year 2014, | 24 | | 2015, 2016, or 2017 shall be implemented: | 25 | | (i) as already applied in State fiscal years before | 26 | | 2018; and |
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| 1 | | (ii) in the portion of the 5-year period beginning in | 2 | | the State fiscal year in which the actuarial change first | 3 | | applied that occurs in State fiscal year 2018 or | 4 | | thereafter, by calculating the change in equal annual | 5 | | amounts over that 5-year period and then implementing it | 6 | | at the resulting annual rate in each of the remaining | 7 | | fiscal years in that 5-year period. | 8 | | For State fiscal years 1996 through 2005, the State | 9 | | contribution to the System, as a percentage of the applicable | 10 | | employee payroll, shall be increased in equal annual | 11 | | increments so that by State fiscal year 2011, the State is | 12 | | contributing at the rate required under this Section; except | 13 | | that in the following specified State fiscal years, the State | 14 | | contribution to the System shall not be less than the | 15 | | following indicated percentages of the applicable employee | 16 | | payroll, even if the indicated percentage will produce a State | 17 | | contribution in excess of the amount otherwise required under | 18 | | this subsection and subsection (a), and notwithstanding any | 19 | | contrary certification made under subsection (a-1) before May | 20 | | 27, 1998 (the effective date of Public Act 90-582): 10.02% in | 21 | | FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY | 22 | | 2002; 12.86% in FY 2003; and 13.56% in FY 2004. | 23 | | Notwithstanding any other provision of this Article, the | 24 | | total required State contribution for State fiscal year 2006 | 25 | | is $534,627,700. | 26 | | Notwithstanding any other provision of this Article, the |
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| 1 | | total required State contribution for State fiscal year 2007 | 2 | | is $738,014,500. | 3 | | For each of State fiscal years 2008 through 2009, the | 4 | | State contribution to the System, as a percentage of the | 5 | | applicable employee payroll, shall be increased in equal | 6 | | annual increments from the required State contribution for | 7 | | State fiscal year 2007, so that by State fiscal year 2011, the | 8 | | State is contributing at the rate otherwise required under | 9 | | this Section. | 10 | | Notwithstanding any other provision of this Article, the | 11 | | total required State contribution for State fiscal year 2010 | 12 | | is $2,089,268,000 and shall be made from the proceeds of bonds | 13 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General | 14 | | Obligation Bond Act, less (i) the pro rata share of bond sale | 15 | | expenses determined by the System's share of total bond | 16 | | proceeds, (ii) any amounts received from the Common School | 17 | | Fund in fiscal year 2010, and (iii) any reduction in bond | 18 | | proceeds due to the issuance of discounted bonds, if | 19 | | applicable. | 20 | | Notwithstanding any other provision of this Article, the | 21 | | total required State contribution for State fiscal year 2011 | 22 | | is the amount recertified by the System on or before April 1, | 23 | | 2011 pursuant to subsection (a-1) of this Section and shall be | 24 | | made from the proceeds of bonds sold in fiscal year 2011 | 25 | | pursuant to Section 7.2 of the General Obligation Bond Act, | 26 | | less (i) the pro rata share of bond sale expenses determined by |
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| 1 | | the System's share of total bond proceeds, (ii) any amounts | 2 | | received from the Common School Fund in fiscal year 2011, and | 3 | | (iii) any reduction in bond proceeds due to the issuance of | 4 | | discounted bonds, if applicable. This amount shall include, in | 5 | | addition to the amount certified by the System, an amount | 6 | | necessary to meet employer contributions required by the State | 7 | | as an employer under paragraph (e) of this Section, which may | 8 | | also be used by the System for contributions required by | 9 | | paragraph (a) of Section 16-127. | 10 | | Beginning in State fiscal year 2046, the minimum State | 11 | | contribution for each fiscal year shall be the amount needed | 12 | | to maintain the total assets of the System at 90% of the total | 13 | | actuarial liabilities of the System. | 14 | | Amounts received by the System pursuant to Section 25 of | 15 | | the Budget Stabilization Act or Section 8.12 of the State | 16 | | Finance Act in any fiscal year do not reduce and do not | 17 | | constitute payment of any portion of the minimum State | 18 | | contribution required under this Article in that fiscal year. | 19 | | Such amounts shall not reduce, and shall not be included in the | 20 | | calculation of, the required State contributions under this | 21 | | Article in any future year until the System has reached a | 22 | | funding ratio of at least 90%. A reference in this Article to | 23 | | the "required State contribution" or any substantially similar | 24 | | term does not include or apply to any amounts payable to the | 25 | | System under Section 25 of the Budget Stabilization Act. | 26 | | Notwithstanding any other provision of this Section, the |
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| 1 | | required State contribution for State fiscal year 2005 and for | 2 | | fiscal year 2008 and each fiscal year thereafter, as | 3 | | calculated under this Section and certified under subsection | 4 | | (a-1), shall not exceed an amount equal to (i) the amount of | 5 | | the required State contribution that would have been | 6 | | calculated under this Section for that fiscal year if the | 7 | | System had not received any payments under subsection (d) of | 8 | | Section 7.2 of the General Obligation Bond Act, minus (ii) the | 9 | | portion of the State's total debt service payments for that | 10 | | fiscal year on the bonds issued in fiscal year 2003 for the | 11 | | purposes of that Section 7.2, as determined and certified by | 12 | | the Comptroller, that is the same as the System's portion of | 13 | | the total moneys distributed under subsection (d) of Section | 14 | | 7.2 of the General Obligation Bond Act. In determining this | 15 | | maximum for State fiscal years 2008 through 2010, however, the | 16 | | amount referred to in item (i) shall be increased, as a | 17 | | percentage of the applicable employee payroll, in equal | 18 | | increments calculated from the sum of the required State | 19 | | contribution for State fiscal year 2007 plus the applicable | 20 | | portion of the State's total debt service payments for fiscal | 21 | | year 2007 on the bonds issued in fiscal year 2003 for the | 22 | | purposes of Section 7.2 of the General Obligation Bond Act, so | 23 | | that, by State fiscal year 2011, the State is contributing at | 24 | | the rate otherwise required under this Section. | 25 | | (b-4) Beginning in fiscal year 2018, each employer under | 26 | | this Article shall pay to the System a required contribution |
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| 1 | | determined as a percentage of projected payroll and sufficient | 2 | | to produce an annual amount equal to: | 3 | | (i) for each of fiscal years 2018, 2019, and 2020, the | 4 | | defined benefit normal cost of the defined benefit plan, | 5 | | less the employee contribution, for each employee of that | 6 | | employer who has elected or who is deemed to have elected | 7 | | the benefits under Section 1-161 or who has made the | 8 | | election under subsection (b) of Section 1-161; for fiscal | 9 | | year 2021 and each fiscal year thereafter, the defined | 10 | | benefit normal cost of the defined benefit plan, less the | 11 | | employee contribution, plus 2%, for each employee of that | 12 | | employer who has elected or who is deemed to have elected | 13 | | the benefits under Section 1-161 or who has made the | 14 | | election under subsection (b) of Section 1-161; plus | 15 | | (ii) the amount required for that fiscal year to | 16 | | amortize any unfunded actuarial accrued liability | 17 | | associated with the present value of liabilities | 18 | | attributable to the employer's account under Section | 19 | | 16-158.3, determined as a level percentage of payroll over | 20 | | a 30-year rolling amortization period. | 21 | | In determining contributions required under item (i) of | 22 | | this subsection, the System shall determine an aggregate rate | 23 | | for all employers, expressed as a percentage of projected | 24 | | payroll. | 25 | | In determining the contributions required under item (ii) | 26 | | of this subsection, the amount shall be computed by the System |
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| 1 | | on the basis of the actuarial assumptions and tables used in | 2 | | the most recent actuarial valuation of the System that is | 3 | | available at the time of the computation. | 4 | | The contributions required under this subsection (b-4) | 5 | | shall be paid by an employer concurrently with that employer's | 6 | | payroll payment period. The State, as the actual employer of | 7 | | an employee, shall make the required contributions under this | 8 | | subsection. | 9 | | (c) Payment of the required State contributions and of all | 10 | | pensions, retirement annuities, death benefits, refunds, and | 11 | | other benefits granted under or assumed by this System, and | 12 | | all expenses in connection with the administration and | 13 | | operation thereof, are obligations of the State. | 14 | | If members are paid from special trust or federal funds | 15 | | which are administered by the employing unit, whether school | 16 | | district or other unit, the employing unit shall pay to the | 17 | | System from such funds the full accruing retirement costs | 18 | | based upon that service, which, beginning July 1, 2017, shall | 19 | | be at a rate, expressed as a percentage of salary, equal to the | 20 | | total employer's normal cost, expressed as a percentage of | 21 | | payroll, as determined by the System. Employer contributions, | 22 | | based on salary paid to members from federal funds, may be | 23 | | forwarded by the distributing agency of the State of Illinois | 24 | | to the System prior to allocation, in an amount determined in | 25 | | accordance with guidelines established by such agency and the | 26 | | System. Any contribution for fiscal year 2015 collected as a |
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| 1 | | result of the change made by Public Act 98-674 shall be | 2 | | considered a State contribution under subsection (b-3) of this | 3 | | Section. | 4 | | (d) Effective July 1, 1986, any employer of a teacher as | 5 | | defined in paragraph (8) of Section 16-106 shall pay the | 6 | | employer's normal cost of benefits based upon the teacher's | 7 | | service, in addition to employee contributions, as determined | 8 | | by the System. Such employer contributions shall be forwarded | 9 | | monthly in accordance with guidelines established by the | 10 | | System. | 11 | | However, with respect to benefits granted under Section | 12 | | 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) | 13 | | of Section 16-106, the employer's contribution shall be 12% | 14 | | (rather than 20%) of the member's highest annual salary rate | 15 | | for each year of creditable service granted, and the employer | 16 | | shall also pay the required employee contribution on behalf of | 17 | | the teacher. For the purposes of Sections 16-133.4 and | 18 | | 16-133.5, a teacher as defined in paragraph (8) of Section | 19 | | 16-106 who is serving in that capacity while on leave of | 20 | | absence from another employer under this Article shall not be | 21 | | considered an employee of the employer from which the teacher | 22 | | is on leave. | 23 | | (e) Beginning July 1, 1998, every employer of a teacher | 24 | | shall pay to the System an employer contribution computed as | 25 | | follows: | 26 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
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| 1 | | employer contribution shall be equal to 0.3% of each | 2 | | teacher's salary. | 3 | | (2) Beginning July 1, 1999 and thereafter, the | 4 | | employer contribution shall be equal to 0.58% of each | 5 | | teacher's salary. | 6 | | The school district or other employing unit may pay these | 7 | | employer contributions out of any source of funding available | 8 | | for that purpose and shall forward the contributions to the | 9 | | System on the schedule established for the payment of member | 10 | | contributions. | 11 | | These employer contributions are intended to offset a | 12 | | portion of the cost to the System of the increases in | 13 | | retirement benefits resulting from Public Act 90-582. | 14 | | Each employer of teachers is entitled to a credit against | 15 | | the contributions required under this subsection (e) with | 16 | | respect to salaries paid to teachers for the period January 1, | 17 | | 2002 through June 30, 2003, equal to the amount paid by that | 18 | | employer under subsection (a-5) of Section 6.6 of the State | 19 | | Employees Group Insurance Act of 1971 with respect to salaries | 20 | | paid to teachers for that period. | 21 | | The additional 1% employee contribution required under | 22 | | Section 16-152 by Public Act 90-582 is the responsibility of | 23 | | the teacher and not the teacher's employer, unless the | 24 | | employer agrees, through collective bargaining or otherwise, | 25 | | to make the contribution on behalf of the teacher. | 26 | | If an employer is required by a contract in effect on May |
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| 1 | | 1, 1998 between the employer and an employee organization to | 2 | | pay, on behalf of all its full-time employees covered by this | 3 | | Article, all mandatory employee contributions required under | 4 | | this Article, then the employer shall be excused from paying | 5 | | the employer contribution required under this subsection (e) | 6 | | for the balance of the term of that contract. The employer and | 7 | | the employee organization shall jointly certify to the System | 8 | | the existence of the contractual requirement, in such form as | 9 | | the System may prescribe. This exclusion shall cease upon the | 10 | | termination, extension, or renewal of the contract at any time | 11 | | after May 1, 1998. | 12 | | (f) If the amount of a teacher's salary for any school year | 13 | | used to determine final average salary exceeds the member's | 14 | | annual full-time salary rate with the same employer for the | 15 | | previous school year by more than 6%, the teacher's employer | 16 | | shall pay to the System, in addition to all other payments | 17 | | required under this Section and in accordance with guidelines | 18 | | established by the System, the present value of the increase | 19 | | in benefits resulting from the portion of the increase in | 20 | | salary that is in excess of 6%. This present value shall be | 21 | | computed by the System on the basis of the actuarial | 22 | | assumptions and tables used in the most recent actuarial | 23 | | valuation of the System that is available at the time of the | 24 | | computation. If a teacher's salary for the 2005-2006 school | 25 | | year is used to determine final average salary under this | 26 | | subsection (f), then the changes made to this subsection (f) |
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| 1 | | by Public Act 94-1057 shall apply in calculating whether the | 2 | | increase in his or her salary is in excess of 6%. For the | 3 | | purposes of this Section, change in employment under Section | 4 | | 10-21.12 of the School Code on or after June 1, 2005 shall | 5 | | constitute a change in employer. The System may require the | 6 | | employer to provide any pertinent information or | 7 | | documentation. The changes made to this subsection (f) by | 8 | | Public Act 94-1111 apply without regard to whether the teacher | 9 | | was in service on or after its effective date. | 10 | | Whenever it determines that a payment is or may be | 11 | | required under this subsection, the System shall calculate the | 12 | | amount of the payment and bill the employer for that amount. | 13 | | The bill shall specify the calculations used to determine the | 14 | | amount due. If the employer disputes the amount of the bill, it | 15 | | may, within 30 days after receipt of the bill, apply to the | 16 | | System in writing for a recalculation. The application must | 17 | | specify in detail the grounds of the dispute and, if the | 18 | | employer asserts that the calculation is subject to subsection | 19 | | (g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section, | 20 | | must include an affidavit setting forth and attesting to all | 21 | | facts within the employer's knowledge that are pertinent to | 22 | | the applicability of that subsection. Upon receiving a timely | 23 | | application for recalculation, the System shall review the | 24 | | application and, if appropriate, recalculate the amount due. | 25 | | The employer contributions required under this subsection | 26 | | (f) may be paid in the form of a lump sum within 90 days after |
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| 1 | | receipt of the bill. If the employer contributions are not | 2 | | paid within 90 days after receipt of the bill, then interest | 3 | | will be charged at a rate equal to the System's annual | 4 | | actuarially assumed rate of return on investment compounded | 5 | | annually from the 91st day after receipt of the bill. Payments | 6 | | must be concluded within 3 years after the employer's receipt | 7 | | of the bill. | 8 | | (f-1) (Blank). | 9 | | (g) This subsection (g) applies only to payments made or | 10 | | salary increases given on or after June 1, 2005 but before July | 11 | | 1, 2011. The changes made by Public Act 94-1057 shall not | 12 | | require the System to refund any payments received before July | 13 | | 31, 2006 (the effective date of Public Act 94-1057). | 14 | | When assessing payment for any amount due under subsection | 15 | | (f), the System shall exclude salary increases paid to | 16 | | teachers under contracts or collective bargaining agreements | 17 | | entered into, amended, or renewed before June 1, 2005. | 18 | | When assessing payment for any amount due under subsection | 19 | | (f), the System shall exclude salary increases paid to a | 20 | | teacher at a time when the teacher is 10 or more years from | 21 | | retirement eligibility under Section 16-132 or 16-133.2. | 22 | | When assessing payment for any amount due under subsection | 23 | | (f), the System shall exclude salary increases resulting from | 24 | | overload work, including summer school, when the school | 25 | | district has certified to the System, and the System has | 26 | | approved the certification, that (i) the overload work is for |
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| 1 | | the sole purpose of classroom instruction in excess of the | 2 | | standard number of classes for a full-time teacher in a school | 3 | | district during a school year and (ii) the salary increases | 4 | | are equal to or less than the rate of pay for classroom | 5 | | instruction computed on the teacher's current salary and work | 6 | | schedule. | 7 | | When assessing payment for any amount due under subsection | 8 | | (f), the System shall exclude a salary increase resulting from | 9 | | a promotion (i) for which the employee is required to hold a | 10 | | certificate or supervisory endorsement issued by the State | 11 | | Teacher Certification Board that is a different certification | 12 | | or supervisory endorsement than is required for the teacher's | 13 | | previous position and (ii) to a position that has existed and | 14 | | been filled by a member for no less than one complete academic | 15 | | year and the salary increase from the promotion is an increase | 16 | | that results in an amount no greater than the lesser of the | 17 | | average salary paid for other similar positions in the | 18 | | district requiring the same certification or the amount | 19 | | stipulated in the collective bargaining agreement for a | 20 | | similar position requiring the same certification. | 21 | | When assessing payment for any amount due under subsection | 22 | | (f), the System shall exclude any payment to the teacher from | 23 | | the State of Illinois or the State Board of Education over | 24 | | which the employer does not have discretion, notwithstanding | 25 | | that the payment is included in the computation of final | 26 | | average salary. |
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| 1 | | (g-5) When assessing payment for any amount due under | 2 | | subsection (f), the System shall exclude salary increases | 3 | | resulting from overload or stipend work performed in a school | 4 | | year subsequent to a school year in which the employer was | 5 | | unable to offer or allow to be conducted overload or stipend | 6 | | work due to an emergency declaration limiting such activities. | 7 | | (g-10) When assessing payment for any amount due under | 8 | | subsection (f), the System shall exclude salary increases | 9 | | resulting from increased instructional time that exceeded the | 10 | | instructional time required during the 2019-2020 school year. | 11 | | (g-15) When assessing payment for any amount due under | 12 | | subsection (f), the System shall exclude salary increases | 13 | | resulting from teaching summer school on or after May 1, 2021 | 14 | | and before September 15, 2022. | 15 | | (g-20) When assessing payment for any amount due under | 16 | | subsection (f), the System shall exclude salary increases | 17 | | necessary to bring a school board in compliance with Public | 18 | | Act 101-443 , Public Act 103-515, or this amendatory Act of the | 19 | | 103rd General Assembly. | 20 | | (h) When assessing payment for any amount due under | 21 | | subsection (f), the System shall exclude any salary increase | 22 | | described in subsection (g) of this Section given on or after | 23 | | July 1, 2011 but before July 1, 2014 under a contract or | 24 | | collective bargaining agreement entered into, amended, or | 25 | | renewed on or after June 1, 2005 but before July 1, 2011. | 26 | | Notwithstanding any other provision of this Section, any |
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| 1 | | payments made or salary increases given after June 30, 2014 | 2 | | shall be used in assessing payment for any amount due under | 3 | | subsection (f) of this Section. | 4 | | (i) The System shall prepare a report and file copies of | 5 | | the report with the Governor and the General Assembly by | 6 | | January 1, 2007 that contains all of the following | 7 | | information: | 8 | | (1) The number of recalculations required by the | 9 | | changes made to this Section by Public Act 94-1057 for | 10 | | each employer. | 11 | | (2) The dollar amount by which each employer's | 12 | | contribution to the System was changed due to | 13 | | recalculations required by Public Act 94-1057. | 14 | | (3) The total amount the System received from each | 15 | | employer as a result of the changes made to this Section by | 16 | | Public Act 94-4. | 17 | | (4) The increase in the required State contribution | 18 | | resulting from the changes made to this Section by Public | 19 | | Act 94-1057. | 20 | | (i-5) For school years beginning on or after July 1, 2017, | 21 | | if the amount of a participant's salary for any school year | 22 | | exceeds the amount of the salary set for the Governor, the | 23 | | participant's employer shall pay to the System, in addition to | 24 | | all other payments required under this Section and in | 25 | | accordance with guidelines established by the System, an | 26 | | amount determined by the System to be equal to the employer |
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| 1 | | normal cost, as established by the System and expressed as a | 2 | | total percentage of payroll, multiplied by the amount of | 3 | | salary in excess of the amount of the salary set for the | 4 | | Governor. This amount shall be computed by the System on the | 5 | | basis of the actuarial assumptions and tables used in the most | 6 | | recent actuarial valuation of the System that is available at | 7 | | the time of the computation. The System may require the | 8 | | employer to provide any pertinent information or | 9 | | documentation. | 10 | | Whenever it determines that a payment is or may be | 11 | | required under this subsection, the System shall calculate the | 12 | | amount of the payment and bill the employer for that amount. | 13 | | The bill shall specify the calculations used to determine the | 14 | | amount due. If the employer disputes the amount of the bill, it | 15 | | may, within 30 days after receipt of the bill, apply to the | 16 | | System in writing for a recalculation. The application must | 17 | | specify in detail the grounds of the dispute. Upon receiving a | 18 | | timely application for recalculation, the System shall review | 19 | | the application and, if appropriate, recalculate the amount | 20 | | due. | 21 | | The employer contributions required under this subsection | 22 | | may be paid in the form of a lump sum within 90 days after | 23 | | receipt of the bill. If the employer contributions are not | 24 | | paid within 90 days after receipt of the bill, then interest | 25 | | will be charged at a rate equal to the System's annual | 26 | | actuarially assumed rate of return on investment compounded |
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| 1 | | annually from the 91st day after receipt of the bill. Payments | 2 | | must be concluded within 3 years after the employer's receipt | 3 | | of the bill. | 4 | | (j) For purposes of determining the required State | 5 | | contribution to the System, the value of the System's assets | 6 | | shall be equal to the actuarial value of the System's assets, | 7 | | which shall be calculated as follows: | 8 | | As of June 30, 2008, the actuarial value of the System's | 9 | | assets shall be equal to the market value of the assets as of | 10 | | that date. In determining the actuarial value of the System's | 11 | | assets for fiscal years after June 30, 2008, any actuarial | 12 | | gains or losses from investment return incurred in a fiscal | 13 | | year shall be recognized in equal annual amounts over the | 14 | | 5-year period following that fiscal year. | 15 | | (k) For purposes of determining the required State | 16 | | contribution to the system for a particular year, the | 17 | | actuarial value of assets shall be assumed to earn a rate of | 18 | | return equal to the system's actuarially assumed rate of | 19 | | return. | 20 | | (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; | 21 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff. | 22 | | 8-11-23.) | 23 | | Section 10. The School Code is amended by changing Section | 24 | | 24-8 as follows: |
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| 1 | | (105 ILCS 5/24-8) (from Ch. 122, par. 24-8) | 2 | | Sec. 24-8. Minimum salary. In fixing the salaries of | 3 | | teachers, school boards shall pay those who serve on a | 4 | | full-time basis not less than a rate for the school year that | 5 | | is based upon training completed in a recognized institution | 6 | | of higher learning, as follows: for the school year beginning | 7 | | July 1, 1980 and until the 2020-2021 school year, less than a | 8 | | bachelor's degree, $9,000; 120 semester hours or more and a | 9 | | bachelor's degree, $10,000; 150 semester hours or more and a | 10 | | master's degree, $11,000. In fixing the salaries of teachers, | 11 | | a school board shall pay those who serve on a full-time basis a | 12 | | rate not less than (i) $32,076 for the 2020-2021 school year, | 13 | | (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for | 14 | | the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 | 15 | | school year , (v) $50,000 for the 2024-2025 school year, (vi) | 16 | | $55,000 for the 2025-2026 school year, and (vii) $60,000 for | 17 | | the 2026-2027 school year . The minimum salary rate for each | 18 | | school year thereafter shall equal the minimum salary rate for | 19 | | the previous school year increased by a percentage equal to | 20 | | the annualized percentage increase, if any, in the Consumer | 21 | | Price Index for All Urban Consumers for all items published by | 22 | | the United States Department of Labor for the 12-month period | 23 | | ending on June 30 of the school year that ended 12 months prior | 24 | | to the school year in which the adjusted salary is to be in | 25 | | effect. | 26 | | In accordance with this Section, the Commission on |
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| 1 | | Government Forecasting and Accountability shall certify and | 2 | | publish the minimum salary rate to be used for the 2027-2028 | 3 | | 2024-2025 school year no later than September 30, 2026 2023 . | 4 | | By no later than July 20, 2027 2024 and annually on or before | 5 | | each July 20 thereafter, the Commission on Government | 6 | | Forecasting and Accountability shall certify and publish the | 7 | | minimum salary rate to be used for each school year after the | 8 | | 2027-2028 2024-2025 school year in accordance with this | 9 | | Section. | 10 | | Based upon previous public school experience in this State | 11 | | or any other state, territory, dependency or possession of the | 12 | | United States, or in schools operated by or under the auspices | 13 | | of the United States, teachers who serve on a full-time basis | 14 | | shall have their salaries increased to at least the following | 15 | | amounts above the starting salary for a teacher in such | 16 | | district in the same classification: with less than a | 17 | | bachelor's degree, $750 after 5 years; with 120 semester hours | 18 | | or more and a bachelor's degree, $1,000 after 5 years and | 19 | | $1,600 after 8 years; with 150 semester hours or more and a | 20 | | master's degree, $1,250 after 5 years, $2,000 after 8 years | 21 | | and $2,750 after 13 years. | 22 | | For the purpose of this Section a teacher's salary shall | 23 | | include any amount paid by the school district on behalf of the | 24 | | teacher, as teacher contributions, to the Teachers' Retirement | 25 | | System of the State of Illinois. | 26 | | If a school board establishes a schedule for teachers' |
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| 1 | | salaries based on education and experience, not inconsistent | 2 | | with this Section, all certificated nurses employed by that | 3 | | board shall be paid in accordance with the provisions of such | 4 | | schedule. | 5 | | For purposes of this Section, a teacher who submits a | 6 | | certificate of completion to the school office prior to the | 7 | | first day of the school term shall be considered to have the | 8 | | degree stated in such certificate. | 9 | | (Source: P.A. 103-515, eff. 8-11-23.) |
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