Full Text of SB2528 93rd General Assembly
SB2528sam001 93RD GENERAL ASSEMBLY
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Miguel del Valle
Filed: 2/11/2004
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LRB093 15449 NHT 46922 a |
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| AMENDMENT TO SENATE BILL 2528
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| AMENDMENT NO. ______. Amend Senate Bill 2528 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Section 17-131
as follows:
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| (40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)
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| Sec. 17-131. Administration of payroll deductions.
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| (a) This subsection (a) applies unless an Employer has | 9 |
| agreed to have subsection (b) of this Section apply under a | 10 |
| collective bargaining agreement, in which case this subsection | 11 |
| (a) applies until the date that subsection (b) is to apply as | 12 |
| set forth in the agreement. During any period in which salaries | 13 |
| are paid, such deductions
by an Employer or the Board shall be | 14 |
| made on
the basis of the full
salary rates, exclusive of | 15 |
| salaries for overtime, special services or
any employment on an | 16 |
| optional basis, such as in summer school. If
salaries represent | 17 |
| adjustments on account of error, deductions
by the Employer or | 18 |
| the Board shall be at rates in force
during the applicable
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| payroll period. If teachers receive salaries for the school | 20 |
| year, as
established by an Employer, or if they receive
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| salaries for more
than 10 calendar months, the amount required | 22 |
| for each year of service shall be
deducted by such Employer in | 23 |
| installments. The
total amounts for
each semimonthly payroll | 24 |
| period, or bi-weekly payroll period, as the case
may be, shall |
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| be deducted only when salary payments represent 5 days' pay
or | 2 |
| more. If an Employer or the Board pays salaries to
members of
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| the teaching force for vacation periods, the salary shall be | 4 |
| considered
part of the teacher's annual salary, shall be | 5 |
| subject to the standard
deductions for pension contributions, | 6 |
| and shall be
considered to represent
pay for 5 or more days' | 7 |
| employment in a bi-weekly or semi-monthly payroll
period for | 8 |
| purposes set forth in this Section. If deductions from salaries
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| result
in amounts of less than one cent, the fractional sums | 10 |
| shall be increased
to the next higher cent. Any excess of these | 11 |
| fractional increases over the
prescribed annual contributions | 12 |
| shall be credited to the teachers' accounts.
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| (b) As part of a collective bargaining agreement, an | 14 |
| Employer may agree to have this subsection (b) apply instead of | 15 |
| subsection (a) of this Section, in which case this subsection | 16 |
| (b) applies beginning on a date agreed upon in the collective | 17 |
| bargaining agreement. During any period on
or after the | 18 |
| agreed-upon date in
which salaries are paid, payroll
deductions | 19 |
| by an Employer or the
Board shall be made for all salary paid. | 20 |
| If salaries represent
adjustments on account of error, | 21 |
| deductions by the Employer or the Board shall
be at the rates | 22 |
| in force during the applicable payroll period. If teachers
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| receive salaries for the school year, as established by an | 24 |
| Employer, or if they
receive salaries for more than 10 calendar | 25 |
| months, the amount required for each
year of service shall be | 26 |
| deducted by such Employer in installments. On or
after the | 27 |
| agreed-upon date, the total
amounts for each semimonthly | 28 |
| payroll period or bi-weekly payroll period,
as the case may be, | 29 |
| shall be deducted for all salary paid. If, on or after the | 30 |
| agreed-upon date, an Employer or the Board
pays salaries to | 31 |
| members of the teaching force for vacation periods, the
salary | 32 |
| shall be considered part of the teacher's annual salary, shall | 33 |
| be
subject to the standard deductions for pension | 34 |
| contributions, and shall be
considered to represent additional |
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| service credit for each day paid. If deductions from salaries
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| result in amounts of less than one cent, the fractional sums | 3 |
| shall be increased
to the next higher cent. Any excess of these | 4 |
| fractional increases over the
prescribed annual contributions | 5 |
| shall be credited to the teachers' accounts. | 6 |
| (c) In the event that, pursuant to Section 17-130.1, | 7 |
| employee
contributions
are picked up or made by the Board of | 8 |
| Education on behalf of its employees
from the proceeds of the | 9 |
| tax levied under
Section 34-60 of the School Code, then the | 10 |
| amount of the employee
contributions which are picked up or | 11 |
| made in that manner shall not be
deducted from the salaries of | 12 |
| such employees.
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| (Source: P.A. 90-566, eff. 1-2-98.)
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| Section 10. The Illinois Educational Labor Relations Act is | 15 |
| amended by changing Section 4.5 as follows:
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| (115 ILCS 5/4.5)
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| Sec. 4.5. Subjects of collective bargaining.
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| (a) Notwithstanding the existence of any other provision in | 19 |
| this Act or
other law, collective bargaining between an | 20 |
| educational employer whose
territorial boundaries are | 21 |
| coterminous with those of a city having a population
in
excess | 22 |
| of 500,000 and an exclusive representative of its employees may
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| include any of the following
subjects:
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| (1) (Blank).
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| (2) Decisions to contract with a third party for one or | 26 |
| more services
otherwise performed by employees in a | 27 |
| bargaining unit and the
procedures for
obtaining such | 28 |
| contract or the identity of the third party.
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| (3) Decisions to layoff or reduce in force employees.
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| (4) Decisions to determine class size, class staffing | 31 |
| and assignment,
class
schedules, academic calendar, hours | 32 |
| and places of instruction, or pupil
assessment policies.
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| (5) Decisions concerning use and staffing of | 2 |
| experimental or pilot
programs and
decisions concerning | 3 |
| use of technology to deliver educational programs and
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| services and staffing to provide the technology.
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| (6) The decision on whether or not to have seniority on | 6 |
| a district-wide basis.
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| (b) The subject or matters described in subsection (a) are | 8 |
| permissive
subjects of bargaining between an educational | 9 |
| employer and an exclusive
representative of its employees and, | 10 |
| for the purpose of this Act, are within
the sole
discretion of | 11 |
| the educational employer to decide
to bargain, provided that | 12 |
| the educational employer is required to bargain
over the impact | 13 |
| of a decision concerning such subject or matter on the
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| bargaining unit upon request by the exclusive representative. | 15 |
| During
this bargaining, the educational employer shall not be | 16 |
| precluded from
implementing its decision. If, after a | 17 |
| reasonable period of bargaining, a
dispute or impasse exists | 18 |
| between the educational employer and the
exclusive | 19 |
| representative, the dispute or impasse shall be resolved | 20 |
| exclusively
as set
forth in subsection (b) of Section 12 of | 21 |
| this Act in lieu of a strike under
Section 13 of this Act.
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| (c) A provision in a collective bargaining agreement that | 23 |
| was rendered
null
and void
because it involved a
prohibited | 24 |
| subject of collective bargaining
under this subsection (c) as | 25 |
| this subsection (c) existed before the effective
date of
this | 26 |
| amendatory Act of the 93rd General Assembly
remains null and | 27 |
| void and
shall not otherwise be reinstated in any successor | 28 |
| agreement unless the
educational employer and exclusive | 29 |
| representative otherwise agree to
include an agreement reached | 30 |
| on a subject or matter described in
subsection (a) of this | 31 |
| Section as subsection (a) existed before this amendatory
Act of
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| the 93rd General Assembly.
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| (Source: P.A. 93-3, eff. 4-16-03.)
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| Section 99. Effective date. This Act takes effect August 1, | 2 |
| 2004.".
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