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

HB5554ham001 102ND GENERAL ASSEMBLY

Rep. Lamont J. Robinson, Jr.

Filed: 2/15/2022

 

 


 

 


 
10200HB5554ham001LRB102 25993 RPS 35985 a

1
AMENDMENT TO HOUSE BILL 5554

2    AMENDMENT NO. ______. Amend House Bill 5554 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200HB5554ham001- 2 -LRB102 25993 RPS 35985 a

1payroll period for which service credit was validated,
2whichever is earlier. However, subject to the limitations and
3requirements of subsections subsection (c-5), (c-6), and
4(c-7), the pension shall not be cancelled in the case of a
5service retirement pensioner who is re-employed on a temporary
6and non-annual basis or on an hourly basis.
7    (c) If the date of re-employment on a permanent or annual
8basis occurs within 5 school months after the date of previous
9retirement, exclusive of any vacation period, the member shall
10be deemed to have been out of service only temporarily and not
11permanently retired. Such person shall be entitled to pension
12payments for the time he could have been employed as a teacher
13and received salary, but shall not be entitled to pension for
14or during the summer vacation prior to his return to service.
15    When the member again retires on pension, the time of
16service and the money contributed by him during re-employment
17shall be added to the time and money previously credited. Such
18person must acquire 3 consecutive years of additional
19contributing service before he may retire again on a pension
20at a rate and under conditions other than those in force or
21attained at the time of his previous retirement.
22    (c-5) For school years beginning on or after July 1, 2019
23and before July 1, 2022, the service retirement pension shall
24not be cancelled in the case of a service retirement pensioner
25who is re-employed as a teacher on a temporary and non-annual
26basis or on an hourly basis, so long as the person (1) does not

 

 

10200HB5554ham001- 3 -LRB102 25993 RPS 35985 a

1work as a teacher for compensation on more than 120 days in a
2school year or (2) does not accept gross compensation for the
3re-employment in a school year in excess of (i) $30,000 or (ii)
4in the case of a person who retires with at least 5 years of
5service as a principal, an amount that is equal to the daily
6rate normally paid to retired principals multiplied by 100.
7These limitations apply only to school years that begin on or
8after July 1, 2019 and before July 1, 2022. Such re-employment
9does not require contributions, result in service credit, or
10constitute active membership in the Fund.
11    The service retirement pension shall not be cancelled in
12the case of a service retirement pensioner who is re-employed
13as a teacher on a temporary and non-annual basis or on an
14hourly basis, so long as the person (1) does not work as a
15teacher for compensation on more than 100 days in a school year
16or (2) does not accept gross compensation for the
17re-employment in a school year in excess of (i) $30,000 or (ii)
18in the case of a person who retires with at least 5 years of
19service as a principal, an amount that is equal to the daily
20rate normally paid to retired principals multiplied by 100.
21These limitations apply only to school years that begin on or
22after August 8, 2012 (the effective date of Public Act 97-912)
23and before July 1, 2019. Such re-employment does not require
24contributions, result in service credit, or constitute active
25membership in the Fund.
26    Notwithstanding the 120-day limit set forth in item (1) of

 

 

10200HB5554ham001- 4 -LRB102 25993 RPS 35985 a

1this subsection (c-5), the service retirement pension shall
2not be cancelled in the case of a service retirement pensioner
3who teaches only driver education courses after regular school
4hours and does not teach any other subject area, so long as the
5person does not work as a teacher for compensation for more
6than 900 hours in a school year. The $30,000 limit set forth in
7subitem (i) of item (2) of this subsection (c-5) shall apply to
8a service retirement pensioner who teaches only driver
9education courses after regular school hours and does not
10teach any other subject area.
11    To be eligible for such re-employment without cancellation
12of pension, the pensioner must notify the Fund and the Board of
13Education of his or her intention to accept re-employment
14under this subsection (c-5) before beginning that
15re-employment (or if the re-employment began before the
16effective date of this amendatory Act, then within 30 days
17after that effective date).
18    An Employer must certify to the Fund the temporary and
19non-annual or hourly status and the compensation of each
20pensioner re-employed under this subsection at least
21quarterly, and when the pensioner is approaching the earnings
22limitation under this subsection.
23    If the pensioner works more than 100 days or accepts
24excess gross compensation for such re-employment in any school
25year that begins on or after August 8, 2012 (the effective date
26of Public Act 97-912), the service retirement pension shall

 

 

10200HB5554ham001- 5 -LRB102 25993 RPS 35985 a

1thereupon be cancelled.
2    If the pensioner who only teaches drivers education
3courses after regular school hours works more than 900 hours
4or accepts excess gross compensation for such re-employment in
5any school year that begins on or after the effective date of
6this amendatory Act of the 99th General Assembly, the service
7retirement pension shall thereupon be cancelled.
8    If the pensioner works more than 120 days or accepts
9excess gross compensation for such re-employment in any school
10year that begins on or after July 1, 2019, the service
11retirement pension shall thereupon be cancelled.
12    The Board of the Fund shall adopt rules for the
13implementation and administration of this subsection.
14    (c-6) For school years beginning on or after July 1, 2022
15and before July 1, 2024, the service retirement pension shall
16not be cancelled in the case of a service retirement pensioner
17who is re-employed as a teacher or an administrator on a
18temporary and non-annual basis or on an hourly bases, so long
19as the person does not work as a teacher or an administrator
20for compensation on more than 140 days in a school year. Such
21re-employment does not require contributions, result in
22service credit, or constitute active membership in the Fund.
23    (c-7) For school years beginning on or after July 1, 2024,
24the service retirement pension shall not be cancelled in the
25case of a service retirement pensioner who is re-employed as a
26teacher or an administrator on a temporary and non-annual

 

 

10200HB5554ham001- 6 -LRB102 25993 RPS 35985 a

1basis or on an hourly basis, so long as the person does not
2work as a teacher or an administrator for compensation on more
3than 120 days in a school year. Such re-employment does not
4require contributions, result in service credit, or constitute
5active membership in the Fund.
6    (d) Notwithstanding Sections 1-103.1 and 17-157, the
7changes to this Section made by Public Act 90-32 apply without
8regard to whether termination of service occurred before the
9effective date of that Act and apply retroactively to August
1023, 1989.
11    Notwithstanding Sections 1-103.1 and 17-157, the changes
12to this Section and Section 17-106 made by Public Act 92-599
13apply without regard to whether termination of service
14occurred before the effective date of that Act.
15    Notwithstanding Sections 1-103.1 and 17-157, the changes
16to this Section made by this amendatory Act of the 97th General
17Assembly apply without regard to whether termination of
18service occurred before the effective date of this amendatory
19Act.
20(Source: P.A. 101-340, eff. 8-9-19.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".