Full Text of HB4742 100th General Assembly
HB4742ham001 100TH GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4742
| 2 | | AMENDMENT NO. ______. Amend House Bill 4742 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 16-106, 16-106.3, and 16-127 as follows:
| 6 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 7 | | Sec. 16-106. Teacher. "Teacher": The following | 8 | | individuals, provided
that, for employment prior to July 1, | 9 | | 1990, they are employed on a
full-time basis, or if not | 10 | | full-time, on a permanent and continuous basis
in a position in | 11 | | which services are expected to be rendered for at least
one | 12 | | school term:
| 13 | | (1) Any educational, administrative, professional or | 14 | | other staff employed
in the public common schools included | 15 | | within this system in a position
requiring certification | 16 | | under the law governing the certification of
teachers;
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| 1 | | (2) Any educational, administrative, professional or | 2 | | other staff employed
in any facility of the Department of | 3 | | Children and Family Services or the
Department of Human | 4 | | Services, in a position requiring certification under
the | 5 | | law governing the certification of teachers, and any person | 6 | | who (i)
works in such a position for the Department of | 7 | | Corrections, (ii) was a member
of this System on May 31, | 8 | | 1987, and (iii) did not elect to become a member of
the | 9 | | State Employees' Retirement System pursuant to Section | 10 | | 14-108.2 of this
Code; except that "teacher" does not | 11 | | include any person who (A) becomes
a security employee of | 12 | | the Department of Human Services, as defined in
Section | 13 | | 14-110, after June 28, 2001 (the effective date of Public | 14 | | Act
92-14), or (B) becomes a member of the State Employees'
| 15 | | Retirement System pursuant to Section 14-108.2c of this | 16 | | Code;
| 17 | | (3) Any regional superintendent of schools, assistant | 18 | | regional
superintendent of schools, State Superintendent | 19 | | of Education; any person
employed by the State Board of | 20 | | Education as an executive; any executive of
the boards | 21 | | engaged in the service of public common school education in
| 22 | | school districts covered under this system of which the | 23 | | State
Superintendent of Education is an ex-officio member;
| 24 | | (4) Any employee of a school board association | 25 | | operating in compliance
with Article 23 of the School Code | 26 | | who is certificated under the law
governing the |
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| 1 | | certification of teachers, provided that he or she becomes | 2 | | such an employee before the effective date of this | 3 | | amendatory Act of the 99th General Assembly;
| 4 | | (5) Any person employed by the retirement system
who:
| 5 | | (i) was an employee of and a participant in the | 6 | | system on August 17,
2001 (the effective date of Public | 7 | | Act 92-416), or
| 8 | | (ii) becomes an employee of the system on or after | 9 | | August 17, 2001;
| 10 | | (6) Any educational, administrative, professional or | 11 | | other staff
employed by and under the supervision and | 12 | | control of a regional
superintendent of schools, provided | 13 | | such employment position requires the
person to be | 14 | | certificated under the law governing the certification of
| 15 | | teachers and is in an educational program serving 2 or more | 16 | | districts in
accordance with a joint agreement authorized | 17 | | by the School Code or by federal
legislation;
| 18 | | (7) Any educational, administrative, professional or | 19 | | other staff employed
in an educational program serving 2 or | 20 | | more school districts in accordance
with a joint agreement | 21 | | authorized by the School Code or by federal
legislation and | 22 | | in a position requiring certification under the laws
| 23 | | governing the certification of teachers;
| 24 | | (8) Any officer or employee of a statewide teacher | 25 | | organization or
officer of a national teacher organization | 26 | | who is certified under the law
governing certification of |
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| 1 | | teachers, provided: (i) the individual had
previously | 2 | | established creditable service under this Article, (ii) | 3 | | the
individual files with the system an irrevocable | 4 | | election to become a member before the effective date of | 5 | | this amendatory Act of the 97th General Assembly,
(iii) the | 6 | | individual does not receive credit for such service under | 7 | | any
other Article of this Code, and (iv) the individual | 8 | | first became an officer or employee of the teacher | 9 | | organization and becomes a member before the effective date | 10 | | of this amendatory Act of the 97th General Assembly;
| 11 | | (9) Any educational, administrative, professional, or | 12 | | other staff
employed in a charter school operating in | 13 | | compliance with the Charter
Schools Law who is certificated | 14 | | under the law governing the certification
of teachers;
| 15 | | (10) Any person employed, on the effective date of this | 16 | | amendatory Act of the 94th General Assembly, by the | 17 | | Macon-Piatt Regional Office of Education in a | 18 | | birth-through-age-three pilot program receiving funds | 19 | | under Section 2-389 of the School Code who is required by | 20 | | the Macon-Piatt Regional Office of Education to hold a | 21 | | teaching certificate, provided that the Macon-Piatt | 22 | | Regional Office of Education makes an election, within 6 | 23 | | months after the effective date of this amendatory Act of | 24 | | the 94th General Assembly, to have the person participate | 25 | | in the system. Any service established prior to the | 26 | | effective date of this amendatory Act of the 94th General |
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| 1 | | Assembly for service as an employee of the Macon-Piatt | 2 | | Regional Office of Education in a birth-through-age-three | 3 | | pilot program receiving funds under Section 2-389 of the | 4 | | School Code shall be considered service as a teacher if | 5 | | employee and employer contributions have been received by | 6 | | the system and the system has not refunded those | 7 | | contributions.
| 8 | | An annuitant receiving a retirement annuity under this | 9 | | Article or under
Article 17 of this Code who is employed by a | 10 | | board of education
or other employer as permitted under Section | 11 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 12 | | Article. A person who
has received a single-sum retirement | 13 | | benefit under Section 16-136.4 of this
Article is not a | 14 | | "teacher" for purposes of this Article. For purposes of this | 15 | | Article, "teacher" does not include a person employed by an | 16 | | entity that provides substitute teaching services under | 17 | | Section 2-3.173 of the School Code and is not a school | 18 | | district.
| 19 | | (Source: P.A. 98-463, eff. 8-16-13; 99-830, eff. 1-1-17 .)
| 20 | | (40 ILCS 5/16-106.3) (from Ch. 108 1/2, par. 16-106.3)
| 21 | | Sec. 16-106.3. Substitute teacher. "Substitute teacher": | 22 | | Any teacher
employed on a temporary basis to replace another | 23 | | teacher. "Substitute teacher" does not include an individual | 24 | | employed by an entity that provides substitute teaching | 25 | | services under Section 2-3.173 of the School Code and is not a |
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| 1 | | school district.
| 2 | | (Source: P.A. 86-273.)
| 3 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
| 4 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 5 | | which has been held unconstitutional)
| 6 | | Sec. 16-127. Computation of creditable service.
| 7 | | (a) Each member shall receive regular credit for all
| 8 | | service as a teacher from the date membership begins, for which
| 9 | | satisfactory evidence is supplied and all contributions have | 10 | | been paid.
| 11 | | (b) The following periods of service shall earn optional | 12 | | credit and
each member shall receive credit for all such | 13 | | service for which
satisfactory evidence is supplied and all | 14 | | contributions have been paid as
of the date specified:
| 15 | | (1) Prior service as a teacher.
| 16 | | (2) Service in a capacity essentially similar or | 17 | | equivalent to that of a
teacher, in the public common | 18 | | schools in school districts in this State not
included | 19 | | within the provisions of this System, or of any other | 20 | | State,
territory, dependency or possession of the United | 21 | | States, or in schools
operated by or under the auspices of | 22 | | the United States, or under the
auspices of any agency or | 23 | | department of any other State, and service during
any | 24 | | period of professional speech correction or special | 25 | | education
experience for a public agency within this State |
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| 1 | | or any other State,
territory, dependency or possession of | 2 | | the United States, and service prior
to February 1, 1951 as | 3 | | a recreation worker for the Illinois Department of
Public | 4 | | Safety, for a period not exceeding the lesser of 2/5 of the | 5 | | total
creditable service of the member or 10 years. The | 6 | | maximum service of 10
years which is allowable under this | 7 | | paragraph shall be reduced by the
service credit which is | 8 | | validated by other retirement systems under
paragraph (i) | 9 | | of Section 15-113 and paragraph 1 of Section 17-133. Credit
| 10 | | granted under this paragraph may not be used in | 11 | | determination of a
retirement annuity or disability | 12 | | benefits unless the member has at least 5
years of | 13 | | creditable service earned subsequent to this employment | 14 | | with one
or more of the following systems: Teachers' | 15 | | Retirement System of the State
of Illinois, State | 16 | | Universities Retirement System, and the Public School
| 17 | | Teachers' Pension and Retirement Fund of Chicago. Whenever | 18 | | such service
credit exceeds the maximum allowed for all | 19 | | purposes of this Article, the
first service rendered in | 20 | | point of time shall be considered.
The changes to this | 21 | | subdivision (b)(2) made by Public Act 86-272 shall
apply | 22 | | not only to persons who on or after its effective date | 23 | | (August 23,
1989) are in service as a teacher under the | 24 | | System, but also to persons
whose status as such a teacher | 25 | | terminated prior to such effective date,
whether or not | 26 | | such person is an annuitant on that date.
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| 1 | | (3) Any periods immediately following teaching | 2 | | service, under this
System or under Article 17, (or | 3 | | immediately following service prior to
February 1, 1951 as | 4 | | a recreation worker for the Illinois Department of
Public | 5 | | Safety) spent in active service with the military forces of | 6 | | the
United States; periods spent in educational programs | 7 | | that prepare for
return to teaching sponsored by the | 8 | | federal government following such
active military service; | 9 | | if a teacher returns to teaching service within
one | 10 | | calendar year after discharge or after the completion of | 11 | | the
educational program, a further period, not exceeding | 12 | | one calendar year,
between time spent in military service | 13 | | or in such educational programs and
the return to | 14 | | employment as a teacher under this System; and a period of | 15 | | up
to 2 years of active military service not immediately | 16 | | following employment
as a teacher.
| 17 | | The changes to this Section and Section 16-128 relating | 18 | | to military
service made by P.A. 87-794 shall apply not | 19 | | only to persons who on or after its
effective date are in | 20 | | service as a teacher under the System, but also to
persons | 21 | | whose status as a teacher terminated prior to that date, | 22 | | whether or not
the person is an annuitant on that date. In | 23 | | the case of an annuitant who
applies for credit allowable | 24 | | under this Section for a period of military
service that | 25 | | did not immediately follow employment, and who has made the
| 26 | | required contributions for such credit, the annuity shall |
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| 1 | | be recalculated to
include the additional service credit, | 2 | | with the increase taking effect on the
date the System | 3 | | received written notification of the annuitant's intent to
| 4 | | purchase the credit, if payment of all the required | 5 | | contributions is made
within 60 days of such notice, or | 6 | | else on the first annuity payment date
following the date | 7 | | of payment of the required contributions. In calculating
| 8 | | the automatic annual increase for an annuity that has been | 9 | | recalculated under
this Section, the increase attributable | 10 | | to the additional service allowable
under P.A. 87-794 shall | 11 | | be included in the calculation of automatic annual
| 12 | | increases accruing after the effective date of the | 13 | | recalculation.
| 14 | | Credit for military service shall be determined as | 15 | | follows: if entry
occurs during the months of July, August, | 16 | | or September and the member was a
teacher at the end of the | 17 | | immediately preceding school term, credit shall
be granted | 18 | | from July 1 of the year in which he or she entered service; | 19 | | if
entry occurs during the school term and the teacher was | 20 | | in teaching service
at the beginning of the school term, | 21 | | credit shall be granted from July 1 of
such year. In all | 22 | | other cases where credit for military service is allowed,
| 23 | | credit shall be granted from the date of entry into the | 24 | | service.
| 25 | | The total period of military service for which credit | 26 | | is granted shall
not exceed 5 years for any member unless |
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| 1 | | the service: (A) is validated
before July 1, 1964, and (B) | 2 | | does not extend beyond July 1, 1963. Credit
for military | 3 | | service shall be granted under this Section only if not | 4 | | more
than 5 years of the military service for which credit | 5 | | is granted under this
Section is used by the member to | 6 | | qualify for a military retirement
allotment from any branch | 7 | | of the armed forces of the United States. The
changes to | 8 | | this subdivision (b)(3) made by Public Act 86-272 shall | 9 | | apply
not only to persons who on or after its effective | 10 | | date (August 23, 1989)
are in service as a teacher under | 11 | | the System, but also to persons whose
status as such a | 12 | | teacher terminated prior to such effective date, whether
or | 13 | | not such person is an annuitant on that date.
| 14 | | (4) Any periods served as a member of the General | 15 | | Assembly.
| 16 | | (5)(i) Any periods for which a teacher, as defined in | 17 | | Section
16-106, is granted a leave of absence, provided he | 18 | | or she returns to teaching
service creditable under this | 19 | | System or the State Universities Retirement
System | 20 | | following the leave; (ii) periods during which a teacher is
| 21 | | involuntarily laid off from teaching, provided he or she | 22 | | returns to teaching
following the lay-off; (iii) periods | 23 | | prior to July 1, 1983 during which
a teacher ceased covered | 24 | | employment due to pregnancy, provided that the teacher
| 25 | | returned to teaching service creditable under this System | 26 | | or the State
Universities Retirement System following the |
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| 1 | | pregnancy and submits evidence
satisfactory to the Board | 2 | | documenting that the employment ceased due to
pregnancy; | 3 | | and (iv) periods prior to July 1, 1983 during which a | 4 | | teacher
ceased covered employment for the purpose of | 5 | | adopting an infant under 3 years
of age or caring for a | 6 | | newly adopted infant under 3 years of age, provided that
| 7 | | the teacher returned to teaching service creditable under | 8 | | this System or the
State Universities Retirement System | 9 | | following the adoption and submits
evidence satisfactory | 10 | | to the Board documenting that the employment ceased for
the | 11 | | purpose of adopting an infant under 3 years of age or | 12 | | caring for a newly
adopted infant under 3 years of age. | 13 | | However, total credit under this
paragraph (5) may not | 14 | | exceed 3 years.
| 15 | | Any qualified member or annuitant may apply for credit | 16 | | under item (iii)
or (iv) of this paragraph (5) without | 17 | | regard to whether service was
terminated before the | 18 | | effective date of this amendatory Act of 1997. In the case | 19 | | of an annuitant who establishes credit under item (iii)
or | 20 | | (iv), the annuity shall be recalculated to include the | 21 | | additional
service credit. The increase in annuity shall | 22 | | take effect on the date the
System receives written | 23 | | notification of the annuitant's intent to purchase the
| 24 | | credit, if the required evidence is submitted and the | 25 | | required contribution
paid within 60 days of that | 26 | | notification, otherwise on the first annuity
payment date |
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| 1 | | following the System's receipt of the required evidence and
| 2 | | contribution. The increase in an annuity recalculated | 3 | | under this provision
shall be included in the calculation | 4 | | of automatic annual increases in the
annuity accruing after | 5 | | the effective date of the recalculation.
| 6 | | Optional credit may be purchased under this subsection | 7 | | (b)(5) for
periods during which a teacher has been granted | 8 | | a leave of absence pursuant
to Section 24-13 of the School | 9 | | Code. A teacher whose service under this
Article terminated | 10 | | prior to the effective date of P.A. 86-1488 shall be
| 11 | | eligible to purchase such optional credit. If a teacher who | 12 | | purchases this
optional credit is already receiving a | 13 | | retirement annuity under this Article,
the annuity shall be | 14 | | recalculated as if the annuitant had applied for the leave
| 15 | | of absence credit at the time of retirement. The difference | 16 | | between the
entitled annuity and the actual annuity shall | 17 | | be credited to the purchase of
the optional credit. The | 18 | | remainder of the purchase cost of the optional credit
shall | 19 | | be paid on or before April 1, 1992.
| 20 | | The change in this paragraph made by Public Act 86-273 | 21 | | shall
be applicable to teachers who retire after June 1, | 22 | | 1989, as well as to
teachers who are in service on that | 23 | | date.
| 24 | | (6) Any days of unused and uncompensated accumulated | 25 | | sick leave earned
by a teacher. The service credit granted | 26 | | under this paragraph shall be the
ratio of the number of |
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| 1 | | unused and uncompensated accumulated sick leave days
to 170 | 2 | | days, subject to a maximum of 2 years of service
credit. | 3 | | Prior to the member's retirement, each former employer | 4 | | shall
certify to the System the number of unused and | 5 | | uncompensated accumulated
sick leave days credited to the | 6 | | member at the time of termination of service.
The period of | 7 | | unused sick leave shall not be considered in determining
| 8 | | the effective date of retirement. A member is not required | 9 | | to make
contributions in order to obtain service credit for | 10 | | unused sick leave.
| 11 | | Credit for sick leave shall, at retirement, be granted | 12 | | by the System
for any retiring regional or assistant | 13 | | regional superintendent of schools
at the rate of 6 days | 14 | | per year of creditable service or portion thereof
| 15 | | established while serving as such superintendent or | 16 | | assistant
superintendent.
| 17 | | (7) Periods prior to February 1, 1987 served as an | 18 | | employee of the
Illinois Mathematics and Science Academy | 19 | | for which credit has not been
terminated under Section | 20 | | 15-113.9 of this Code.
| 21 | | (8) Service as a substitute teacher for work performed
| 22 | | prior to July 1, 1990.
| 23 | | (9) Service as a part-time teacher for work performed
| 24 | | prior to July 1, 1990.
| 25 | | (10) Up to 2 years of employment with Southern Illinois | 26 | | University -
Carbondale from September 1, 1959 to August |
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| 1 | | 31, 1961, or with Governors
State University from September | 2 | | 1, 1972 to August 31, 1974, for which the
teacher has no | 3 | | credit under Article 15. To receive credit under this item
| 4 | | (10), a teacher must apply in writing to the Board and pay | 5 | | the required
contributions before May 1, 1993 and have at | 6 | | least 12 years of service
credit under this Article.
| 7 | | (b-1) A member may establish optional credit for up to 2 | 8 | | years of service
as a teacher or administrator employed by a | 9 | | private school recognized by the
Illinois State Board of | 10 | | Education, provided that the teacher (i) was certified
under | 11 | | the law governing the certification of teachers at the time the | 12 | | service
was rendered, (ii) applies in writing on or after | 13 | | August 1, 2009 and on or before
August 1, 2012, (iii) supplies | 14 | | satisfactory evidence of the employment, (iv)
completes at | 15 | | least 10 years of contributing service as a teacher as defined | 16 | | in
Section 16-106, and (v) pays the contribution required in | 17 | | subsection (d-5) of
Section 16-128. The member may apply for | 18 | | credit under this subsection and pay
the required contribution | 19 | | before completing the 10 years of contributing
service required | 20 | | under item (iv), but the credit may not be used until the
item | 21 | | (iv) contributing service requirement has been met.
| 22 | | (c) The service credits specified in this Section shall be | 23 | | granted only
if: (1) such service credits are not used for | 24 | | credit in any other statutory
tax-supported public employee | 25 | | retirement system other than the federal Social
Security | 26 | | program; and (2) the member makes the required contributions as
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| 1 | | specified in Section 16-128. Except as provided in subsection | 2 | | (b-1) of
this Section, the service credit shall be effective as | 3 | | of the date the
required contributions are completed.
| 4 | | Any service credits granted under this Section shall | 5 | | terminate upon
cessation of membership for any cause.
| 6 | | Credit may not be granted under this Section covering any | 7 | | period for
which an age retirement or disability retirement | 8 | | allowance has been paid.
| 9 | | Credit may not be granted under this Section for service as | 10 | | an employee of an entity that provides substitute teaching | 11 | | services under Section 2-3.173 of the School Code and is not a | 12 | | school district. | 13 | | (Source: P.A. 96-546, eff. 8-17-09.)
| 14 | | Section 10. The School Code is amended by adding Section | 15 | | 2-3.173 as follows: | 16 | | (105 ILCS 5/2-3.173 new) | 17 | | Sec. 2-3.173. Substitute teachers; recruiting firms. | 18 | | (a) In this Section, "recruiting firm" means a company with | 19 | | expertise in finding qualified applicants for positions and | 20 | | screening those potential workers for an employer. | 21 | | (b) By January 1, 2019, the State Board of Education shall | 22 | | implement a program and adopt rules to allow school districts | 23 | | to supplement their substitute teacher recruitment for | 24 | | elementary and secondary schools with the use of recruiting |
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| 1 | | firms, subject to the other provisions of this Section. To | 2 | | qualify for the program, a school district shall demonstrate to | 3 | | the State Board that, because of the severity of its substitute | 4 | | teacher shortage, it is unable to find an adequate amount of | 5 | | substitute or retired teachers and has exhausted all other | 6 | | efforts. Substitute teachers provided by a recruiting firm must | 7 | | adhere to all mandated State laws, rules, and screening | 8 | | requirements for substitute teachers not provided by a | 9 | | recruiting firm and must be paid on the same wage scale as | 10 | | substitute teachers not provided by a recruiting firm. This | 11 | | Section shall not be construed to require school districts to | 12 | | use recruiting firms for substitute teachers. A school district | 13 | | may not use a recruiting firm under this Section to circumvent | 14 | | any collective bargaining agreements or State laws, rules, or | 15 | | screening requirements for teachers. A school district may not | 16 | | reduce the number of full-time staff members of a department as | 17 | | a result of hiring a substitute teacher recruiting firm. In the | 18 | | event of a teacher's strike, a school district may not use a | 19 | | recruiting firm to hire a substitute teacher. | 20 | | (c) A school district organized under Article 34 of this | 21 | | Code may contract with a substitute teacher recruiting firm | 22 | | under this Section only if the district meets the following | 23 | | requirements: | 24 | | (1) certifies to the State Board of Education that it | 25 | | has adequate funds to fill and pay for all substitute | 26 | | teacher positions; |
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| 1 | | (2) prioritizes existing substitute teachers over | 2 | | substitute teachers from recruiting firms; | 3 | | (3) files copies of all substitute teacher contracts | 4 | | with the State Board of Education; and | 5 | | (4) requires that the substitute teacher recruiting | 6 | | firm file an annual report with the school district that | 7 | | would include the number of substitute teachers that were | 8 | | placed in the district, the total cost of the contract to | 9 | | the district, and the percentage of substitute teacher | 10 | | openings that were filled. | 11 | | (d) A substitute teacher recruiting firm may enter into an | 12 | | agreement with a labor organization that has a collective | 13 | | bargaining agreement with a school district.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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