Full Text of HB5554 102nd General Assembly
HB5554ham001 102ND GENERAL ASSEMBLY | Rep. Lamont J. Robinson, Jr. Filed: 2/15/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5554
| 2 | | AMENDMENT NO. ______. Amend House Bill 5554 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing 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
| 9 | | pension from the Fund is re-employed as a teacher by an | 10 | | Employer, the pension
shall be cancelled on the date the | 11 | | re-employment begins, or on the first day of
a payroll period | 12 | | for which service credit was validated, whichever is earlier.
| 13 | | (b) If any person receiving a service retirement pension | 14 | | from the Fund
is re-employed as a teacher on a permanent or | 15 | | annual basis by an Employer,
the pension shall be cancelled on | 16 | | the date the re-employment begins, or on
the first day of a |
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| 1 | | payroll period for which service credit was validated,
| 2 | | whichever is earlier. However, subject to the limitations and | 3 | | requirements of subsections subsection (c-5), (c-6), and | 4 | | (c-7), the pension shall not be cancelled
in the case of a | 5 | | service retirement pensioner who is
re-employed on a temporary | 6 | | and non-annual basis or on an hourly basis.
| 7 | | (c) If the date of re-employment on a permanent or annual | 8 | | basis
occurs within 5 school months after the date of previous | 9 | | retirement, exclusive
of any vacation period, the member shall | 10 | | be deemed to have been out of service
only temporarily and not | 11 | | permanently retired. Such person shall be entitled
to pension | 12 | | payments for the time he could have been employed as a teacher | 13 | | and
received salary, but shall not be entitled to pension for | 14 | | or during the summer
vacation prior to his return to service.
| 15 | | When the member again retires on pension, the time of | 16 | | service and the
money contributed by him during re-employment | 17 | | shall be added to the time
and money previously credited. Such | 18 | | person must acquire 3 consecutive years
of additional | 19 | | contributing service before he may retire again on a pension
| 20 | | at a rate and under conditions other than those in force or | 21 | | attained at the
time of his previous retirement.
| 22 | | (c-5) For school years beginning on or after July 1, 2019 | 23 | | and before July 1, 2022 , the service retirement pension shall | 24 | | not be cancelled in the case of a service retirement pensioner | 25 | | who is re-employed as a teacher on a temporary and non-annual | 26 | | basis or on an hourly basis, so long as the person (1) does not |
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| 1 | | work as a teacher for compensation on more than 120 days in a | 2 | | school year or (2) does not accept gross compensation for the | 3 | | re-employment in a school year in excess of (i) $30,000 or (ii) | 4 | | in the case of a person who retires with at least 5 years of | 5 | | service as a principal, an amount that is equal to the daily | 6 | | rate normally paid to retired principals multiplied by 100. | 7 | | These limitations apply only to school years that begin on or | 8 | | after July 1, 2019 and before July 1, 2022 . Such re-employment | 9 | | does not require contributions, result in service credit, or | 10 | | constitute active membership in the Fund. | 11 | | The service retirement pension shall not be cancelled
in | 12 | | the case of a service retirement pensioner who is
re-employed | 13 | | as a teacher on a temporary and non-annual basis or on an | 14 | | hourly basis, so long as the person (1) does not work as a | 15 | | teacher for compensation on more than 100 days in a school year | 16 | | or (2) does not accept gross compensation for the | 17 | | re-employment in a school year in excess of (i) $30,000 or (ii) | 18 | | in the case of a person who retires with at least 5 years of | 19 | | service as a principal, an amount that is equal to the daily | 20 | | rate normally paid to retired principals multiplied by 100. | 21 | | These limitations apply only to school years that begin on or | 22 | | after August 8, 2012 (the effective date of Public Act 97-912) | 23 | | and before July 1, 2019. Such re-employment does not require | 24 | | contributions, result in service credit, or constitute active | 25 | | membership in the Fund. | 26 | | Notwithstanding the 120-day limit set forth in item (1) of |
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| 1 | | this subsection (c-5), the service retirement pension shall | 2 | | not be cancelled in the case of a service retirement pensioner | 3 | | who teaches only driver education courses after regular school | 4 | | hours and does not teach any other subject area, so long as the | 5 | | person does not work as a teacher for compensation for more | 6 | | than 900 hours in a school year. The $30,000 limit set forth in | 7 | | subitem (i) of item (2) of this subsection (c-5) shall apply to | 8 | | a service retirement pensioner who teaches only driver | 9 | | education courses after regular school hours and does not | 10 | | teach any other subject area. | 11 | | To be eligible for such re-employment without cancellation | 12 | | of pension, the pensioner must notify the Fund and the Board of | 13 | | Education of his or her intention to accept re-employment | 14 | | under this subsection (c-5) before beginning that | 15 | | re-employment (or if the re-employment began before the | 16 | | effective date of this amendatory Act, then within 30 days | 17 | | after that effective date). | 18 | | An Employer must certify to the Fund the temporary and | 19 | | non-annual or hourly status and the compensation of each | 20 | | pensioner re-employed under this subsection at least | 21 | | quarterly, and when the pensioner is approaching the earnings | 22 | | limitation under this subsection. | 23 | | If the pensioner works more than 100 days or accepts | 24 | | excess gross compensation for such re-employment in any school | 25 | | year that begins on or after August 8, 2012 (the effective date | 26 | | of Public Act 97-912), the service retirement pension shall |
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| 1 | | thereupon be cancelled. | 2 | | If the pensioner who only teaches drivers education | 3 | | courses after regular school hours works more than 900 hours | 4 | | or accepts excess gross compensation for such re-employment in | 5 | | any school year that begins on or after the effective date of | 6 | | this amendatory Act of the 99th General Assembly, the service | 7 | | retirement pension shall thereupon be cancelled. | 8 | | If the pensioner works more than 120 days or accepts | 9 | | excess gross compensation for such re-employment in any school | 10 | | year that begins on or after July 1, 2019, the service | 11 | | retirement pension shall thereupon be cancelled. | 12 | | The Board of the Fund shall adopt rules for the | 13 | | implementation and administration of this subsection. | 14 | | (c-6) For school years beginning on or after July 1, 2022 | 15 | | and before July 1, 2024, the service retirement pension shall | 16 | | not be cancelled in the case of a service retirement pensioner | 17 | | who is re-employed as a teacher or an administrator on a | 18 | | temporary and non-annual basis or on an hourly bases, so long | 19 | | as the person does not work as a teacher or an administrator | 20 | | for compensation on more than 140 days in a school year. Such | 21 | | re-employment does not require contributions, result in | 22 | | service credit, or constitute active membership in the Fund. | 23 | | (c-7) For school years beginning on or after July 1, 2024, | 24 | | the service retirement pension shall not be cancelled in the | 25 | | case of a service retirement pensioner who is re-employed as a | 26 | | teacher or an administrator on a temporary and non-annual |
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| 1 | | basis or on an hourly basis, so long as the person does not | 2 | | work as a teacher or an administrator for compensation on more | 3 | | than 120 days in a school year. Such re-employment does not | 4 | | require contributions, result in service credit, or constitute | 5 | | active membership in the Fund. | 6 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the | 7 | | changes to this
Section made by Public Act 90-32
apply without | 8 | | regard to whether termination of service occurred before the
| 9 | | effective date of that Act and apply
retroactively to August | 10 | | 23, 1989.
| 11 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 12 | | to this Section
and Section 17-106 made by Public Act 92-599
| 13 | | apply without regard to whether termination of service | 14 | | occurred before the
effective date of that Act.
| 15 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 16 | | to this Section
made by this amendatory Act of the 97th General | 17 | | Assembly
apply without regard to whether termination of | 18 | | service occurred before the
effective date of this amendatory | 19 | | Act. | 20 | | (Source: P.A. 101-340, eff. 8-9-19.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.".
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