State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_HB5959

 
                                               LRB9214455EGfg

 1        AN ACT in relation to public employee benefits.

 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 Sections 16-106, 16-118, 16-127, 16-132, 16-150, and
 6    16-152 and adding Section 16-150.1 as follows:

 7        (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
 8        Sec.   16-106.  Teacher.    "Teacher":   The    following
 9    individuals,  provided  that, for employment prior to July 1,
10    1990, they are employed on  a  full-time  basis,  or  if  not
11    full-time,  on a permanent and continuous basis in a position
12    in which services are expected to be rendered  for  at  least
13    one school term:
14             (1)  Any  educational,  administrative, professional
15        or other staff employed  in  the  public  common  schools
16        included  within  this  system  in  a  position requiring
17        certification under the law governing  the  certification
18        of teachers;
19             (2)  Any  educational,  administrative, professional
20        or other staff employed in any facility of the Department
21        of Children and Family  Services  or  the  Department  of
22        Human  Services,  in  a  position requiring certification
23        under the law governing the  certification  of  teachers,
24        and  any  person who (i) works in such a position for the
25        Department of Corrections, (ii)  was  a  member  of  this
26        System on May 31, 1987, and (iii) did not elect to become
27        a  member  of  the  State  Employees'  Retirement  System
28        pursuant  to  Section  14-108.2 of this Code; except that
29        "teacher" does not include any person who (A)  becomes  a
30        security employee of the Department of Human Services, as
31        defined  in  Section  14-110,  after  June  28, 2001 (the
 
                            -2-                LRB9214455EGfg
 1        effective date of Public Act 92-14) this  amendatory  Act
 2        of  the 92nd General Assembly, or (B) becomes a member of
 3        the  State  Employees'  Retirement  System  pursuant   to
 4        Section 14-108.2c of this Code;
 5             (3)  Any   regional   superintendent   of   schools,
 6        assistant   regional  superintendent  of  schools,  State
 7        Superintendent of Education; any person employed  by  the
 8        State  Board  of Education as an executive; any executive
 9        of the boards engaged in the  service  of  public  common
10        school  education  in school districts covered under this
11        system of which the State Superintendent of Education  is
12        an ex-officio member;
13             (4)  Any  employee  of  a  school  board association
14        operating in compliance with Article  23  of  the  School
15        Code  who  is  certificated  under  the law governing the
16        certification of teachers;
17             (5)  Any person employed by  the  retirement  system
18        who:
19                  (i)  was  an  employee  of and a participant in
20             the system on August 17, 2001 (the effective date of
21             Public Act 92-416) this amendatory Act of  the  92nd
22             General Assembly, or
23                  (ii)  becomes  an  employee of the system on or
24             after August 17, 2001 the  effective  date  of  this
25             amendatory Act of the 92nd General Assembly;
26             (6)  Any  educational,  administrative, professional
27        or other staff employed by and under the supervision  and
28        control of a regional superintendent of schools, provided
29        such  employment  position  requires  the  person  to  be
30        certificated under the law governing the certification of
31        teachers  and  is  in an educational program serving 2 or
32        more districts  in  accordance  with  a  joint  agreement
33        authorized by the School Code or by federal legislation;
34             (7)  Any  educational,  administrative, professional
 
                            -3-                LRB9214455EGfg
 1        or  other  staff  employed  in   an  educational  program
 2        serving 2 or more school districts in accordance  with  a
 3        joint  agreement  authorized  by  the  School  Code or by
 4        federal  legislation  and   in   a   position   requiring
 5        certification  under the laws governing the certification
 6        of teachers;
 7             (8)  Any officer or employee of a statewide  teacher
 8        organization   or   officer   of   a   national   teacher
 9        organization  who  is  certified  under the law governing
10        certification of teachers, provided: (i)  the  individual
11        had  previously established creditable service under this
12        Article, (ii) the individual files  with  the  system  an
13        irrevocable  election  to  become a member, and (iii) the
14        individual does not receive credit for such service under
15        any other Article of this Code;
16             (9)  Any educational, administrative,  professional,
17        or  other staff employed in a charter school operating in
18        compliance  with  the  Charter   Schools   Law   who   is
19        certificated under the law governing the certification of
20        teachers.
21        An  annuitant  receiving  a retirement annuity under this
22    Article who returns to teaching under the program established
23    in Section 16-150.1 is a "teacher" for the purposes  of  this
24    Article, for the duration of his or her participation in that
25    program.
26        An  annuitant  receiving  a retirement annuity under this
27    Article or under Article 17 of this Code who  is  temporarily
28    employed  by  a  board  of  education  or  other employer not
29    exceeding that  permitted  under  Section  16-118  is  not  a
30    "teacher"  for  purposes  of  this Article.  A person who has
31    received  a  single-sum  retirement  benefit  under   Section
32    16-136.4  of  this Article is not a "teacher" for purposes of
33    this Article.
34    (Source: P.A. 92-14,  eff.  6-28-01;  92-416,  eff.  8-17-01;
 
                            -4-                LRB9214455EGfg
 1    revised 10-18-01.)

 2        (40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
 3        Sec.  16-118.  Retirement.   "Retirement":  Entry  upon a
 4    retirement annuity or  receipt  of  a  single-sum  retirement
 5    benefit  granted  under  this  Article  after  termination of
 6    active service as a teacher.
 7        (a)  An annuitant receiving a  retirement  annuity  other
 8    than a disability retirement annuity may accept employment as
 9    a  teacher from a school board or other employer specified in
10    Section 16-106 without impairing retirement status,  if  that
11    employment:  (1)  is  not within the school year during which
12    service was terminated; and (2) does not exceed 100 paid days
13    or 500 paid hours in  any  school  year  (during  the  period
14    beginning  July  1, 2001 through June 30, 2006, 120 paid days
15    or 600 paid hours in each school year).  Where such permitted
16    employment is partly on a  daily  and  partly  on  an  hourly
17    basis, a day shall be considered as 5 hours.
18        (b)  Subsection  (a)  does  not apply to an annuitant who
19    returns to teaching under the program established in  Section
20    16-150.1,  for  the  duration  of his or her participation in
21    that program.
22    (Source: P.A. 92-416, eff. 8-17-01.)

23        (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
24        Sec. 16-127.  Computation of creditable service.
25        (a)  Each member shall receive  regular  credit  for  all
26    service  as  a  teacher  from the date membership begins, for
27    which satisfactory evidence is supplied and all contributions
28    have been paid.
29        (b)  The following periods of service shall earn optional
30    credit and each member shall  receive  credit  for  all  such
31    service  for  which satisfactory evidence is supplied and all
32    contributions have been paid as of the date specified:
 
                            -5-                LRB9214455EGfg
 1             (1)  Prior service as a teacher.
 2             (2)  Service in a capacity  essentially  similar  or
 3        equivalent  to  that  of  a teacher, in the public common
 4        schools in school districts in this  State  not  included
 5        within  the  provisions  of  this System, or of any other
 6        State, territory, dependency or possession of the  United
 7        States,  or  in schools operated by or under the auspices
 8        of the United States, or under the auspices of any agency
 9        or department of any other State, and service during  any
10        period  of  professional  speech  correction  or  special
11        education  experience  for  a  public  agency within this
12        State  or  any  other  State,  territory,  dependency  or
13        possession of the United States,  and  service  prior  to
14        February  1, 1951 as a recreation worker for the Illinois
15        Department of Public Safety, for a period  not  exceeding
16        the  lesser of 2/5 of the total creditable service of the
17        member or 10 years.  The  maximum  service  of  10  years
18        which  is allowable under this paragraph shall be reduced
19        by  the  service  credit  which  is  validated  by  other
20        retirement systems under paragraph (i) of Section  15-113
21        and  paragraph 1 of Section 17-133.  Credit granted under
22        this paragraph may not be  used  in  determination  of  a
23        retirement  annuity  or  disability  benefits  unless the
24        member has at least 5 years of creditable service  earned
25        subsequent  to  this  employment  with one or more of the
26        following systems: Teachers'  Retirement  System  of  the
27        State  of Illinois, State Universities Retirement System,
28        and the Public School Teachers'  Pension  and  Retirement
29        Fund  of  Chicago.   Whenever such service credit exceeds
30        the maximum allowed for all purposes of this Article, the
31        first  service  rendered  in  point  of  time  shall   be
32        considered.  The  changes to this subdivision (b)(2) made
33        by Public Act 86-272 shall apply not only to persons  who
34        on  or  after its effective date (August 23, 1989) are in
 
                            -6-                LRB9214455EGfg
 1        service as a  teacher  under  the  System,  but  also  to
 2        persons  whose  status as such a teacher terminated prior
 3        to such effective date, whether or not such person is  an
 4        annuitant on that date.
 5             (3)  Any   periods  immediately  following  teaching
 6        service, under this  System  or  under  Article  17,  (or
 7        immediately  following  service prior to February 1, 1951
 8        as a recreation worker for  the  Illinois  Department  of
 9        Public  Safety) spent in active service with the military
10        forces of the United States; periods spent in educational
11        programs that prepare for return to teaching sponsored by
12        the federal government  following  such  active  military
13        service;  if a teacher returns to teaching service within
14        one calendar year after discharge or after the completion
15        of  the  educational  program,  a  further  period,   not
16        exceeding  one  calendar  year,  between  time  spent  in
17        military  service or in such educational programs and the
18        return to employment as a teacher under this System;  and
19        a  period of up to 2 years of active military service not
20        immediately following employment as a teacher.
21             The changes  to  this  Section  and  Section  16-128
22        relating  to  military  service made by P.A. 87-794 shall
23        apply not only to persons who on or after  its  effective
24        date  are  in  service as a teacher under the System, but
25        also to persons whose  status  as  a  teacher  terminated
26        prior  to  that  date,  whether  or  not the person is an
27        annuitant on that date.  In the case of an annuitant  who
28        applies  for  credit  allowable  under this Section for a
29        period of  military  service  that  did  not  immediately
30        follow   employment,   and  who  has  made  the  required
31        contributions for  such  credit,  the  annuity  shall  be
32        recalculated  to  include  the additional service credit,
33        with the increase taking effect on the  date  the  System
34        received  written  notification of the annuitant's intent
 
                            -7-                LRB9214455EGfg
 1        to purchase the credit, if payment of  all  the  required
 2        contributions  is  made within 60 days of such notice, or
 3        else on the first annuity payment date following the date
 4        of payment of the required contributions.  In calculating
 5        the automatic annual increase for  an  annuity  that  has
 6        been  recalculated  under    this  Section,  the increase
 7        attributable to the additional  service  allowable  under
 8        P.A.  87-794  shall  be  included  in  the calculation of
 9        automatic annual increases accruing after  the  effective
10        date of the recalculation.
11             Credit  for  military service shall be determined as
12        follows: if entry  occurs  during  the  months  of  July,
13        August,  or September and the member was a teacher at the
14        end of the  immediately  preceding  school  term,  credit
15        shall  be  granted from July 1 of the year in which he or
16        she entered service; if entry occurs  during  the  school
17        term  and  the  teacher  was  in  teaching service at the
18        beginning of the school term,  credit  shall  be  granted
19        from July 1 of such year. In all other cases where credit
20        for  military service is allowed, credit shall be granted
21        from the date of entry into the service.
22             The total  period  of  military  service  for  which
23        credit is granted shall not exceed 5 years for any member
24        unless  the  service:   (A)  is  validated before July 1,
25        1964, and (B)  does  not  extend  beyond  July  1,  1963.
26        Credit  for  military service shall be granted under this
27        Section only if not more than 5  years  of  the  military
28        service for which credit is granted under this Section is
29        used  by  the member to qualify for a military retirement
30        allotment from any branch of  the  armed  forces  of  the
31        United  States.  The  changes  to this subdivision (b)(3)
32        made by Public Act 86-272 shall apply not only to persons
33        who on or after its effective date (August 23, 1989)  are
34        in  service  as  a  teacher under the System, but also to
 
                            -8-                LRB9214455EGfg
 1        persons whose status as such a teacher  terminated  prior
 2        to  such effective date, whether or not such person is an
 3        annuitant on that date.
 4             (4)  Any periods served as a member of  the  General
 5        Assembly.
 6             (5)(i)  Any  periods for which a teacher, as defined
 7        in  Section  16-106,  is  granted  a  leave  of  absence,
 8        provided he or she returns to teaching service creditable
 9        under this System or the  State  Universities  Retirement
10        System  following  the leave; (ii) periods during which a
11        teacher is involuntarily laid off from teaching, provided
12        he or she returns  to  teaching  following  the  lay-off;
13        (iii)  periods  prior  to  July  1,  1983  during which a
14        teacher  ceased  covered  employment  due  to  pregnancy,
15        provided that the teacher returned  to  teaching  service
16        creditable  under  this  System or the State Universities
17        Retirement System following  the  pregnancy  and  submits
18        evidence  satisfactory  to the Board documenting that the
19        employment ceased due  to  pregnancy;  and  (iv)  periods
20        prior  to  July  1,  1983  during  which a teacher ceased
21        covered employment for the purpose of adopting an  infant
22        under 3 years of age or caring for a newly adopted infant
23        under  3 years of age, provided that the teacher returned
24        to teaching service creditable under this System  or  the
25        State   Universities   Retirement  System  following  the
26        adoption and submits evidence satisfactory to  the  Board
27        documenting that the employment ceased for the purpose of
28        adopting  an  infant under 3 years of age or caring for a
29        newly adopted infant under  3  years  of  age.   However,
30        total  credit  under  this paragraph (5) may not exceed 3
31        years.
32             Any qualified member  or  annuitant  may  apply  for
33        credit  under  item  (iii)  or (iv) of this paragraph (5)
34        without regard to whether service was  terminated  before
 
                            -9-                LRB9214455EGfg
 1        the  effective  date  of this amendatory Act of 1997.  In
 2        the case of an annuitant  who  establishes  credit  under
 3        item  (iii) or (iv), the annuity shall be recalculated to
 4        include the additional service credit.  The  increase  in
 5        annuity shall take effect on the date the System receives
 6        written   notification   of  the  annuitant's  intent  to
 7        purchase  the  credit,  if  the  required   evidence   is
 8        submitted  and  the  required contribution paid within 60
 9        days of that notification, otherwise on the first annuity
10        payment  date  following  the  System's  receipt  of  the
11        required evidence and contribution.  The increase  in  an
12        annuity   recalculated  under  this  provision  shall  be
13        included in the calculation of automatic annual increases
14        in the annuity accruing after the effective date  of  the
15        recalculation.
16             Optional   credit   may   be  purchased  under  this
17        subsection (b)(5) for periods during which a teacher  has
18        been granted a leave of absence pursuant to Section 24-13
19        of  the  School Code.  A teacher whose service under this
20        Article terminated prior to the effective  date  of  P.A.
21        86-1488  shall  be  eligible  to  purchase  such optional
22        credit.  If a teacher who purchases this optional  credit
23        is  already  receiving  a  retirement  annuity under this
24        Article, the annuity shall  be  recalculated  as  if  the
25        annuitant  had applied for the leave of absence credit at
26        the time  of  retirement.   The  difference  between  the
27        entitled annuity and the actual annuity shall be credited
28        to the purchase of the optional credit.  The remainder of
29        the purchase cost of the optional credit shall be paid on
30        or before April 1, 1992.
31             The  change  in  this  paragraph  made by Public Act
32        86-273 shall be applicable to teachers who  retire  after
33        June  1,  1989, as well as to teachers who are in service
34        on that date.
 
                            -10-               LRB9214455EGfg
 1             (6)  Any   days   of   unused   and    uncompensated
 2        accumulated  sick leave earned by a teacher.  The service
 3        credit granted under this paragraph shall be the ratio of
 4        the number of unused and uncompensated  accumulated  sick
 5        leave  days to 170 days, subject to a maximum of one year
 6        of service credit.  Prior  to  the  member's  retirement,
 7        each  former  employer  shall  certify  to the System the
 8        number of unused and uncompensated accumulated sick leave
 9        days credited to the member at the time of termination of
10        service. The period of unused sick  leave  shall  not  be
11        considered   in   determining   the   effective  date  of
12        retirement.   A  member   is   not   required   to   make
13        contributions  in  order  to  obtain  service  credit for
14        unused sick leave.
15             Credit for  sick  leave  shall,  at  retirement,  be
16        granted  by  the  System  for  any  retiring  regional or
17        assistant regional superintendent of schools at the  rate
18        of  6  days  per  year  of  creditable service or portion
19        thereof established while serving as such  superintendent
20        or assistant superintendent.
21             (7)  Periods  prior to February 1, 1987 served as an
22        employee of the Illinois Mathematics and Science  Academy
23        for  which  credit  has not been terminated under Section
24        15-113.9 of this Code.
25             (8)  Service  as  a  substitute  teacher  for   work
26        performed prior to July 1, 1990.
27             (9)  Service   as   a  part-time  teacher  for  work
28        performed prior to July 1, 1990.
29             (10)  Up to 2  years  of  employment  with  Southern
30        Illinois  University  - Carbondale from September 1, 1959
31        to August 31, 1961, or with  Governors  State  University
32        from  September 1, 1972 to August 31, 1974, for which the
33        teacher has no  credit  under  Article  15.   To  receive
34        credit  under  this  item  (10),  a teacher must apply in
 
                            -11-               LRB9214455EGfg
 1        writing to the Board and pay the  required  contributions
 2        before  May 1, 1993 and have at least 12 years of service
 3        credit under this Article.
 4        (c)  The service credits specified in this Section  shall
 5    be  granted  only  if:  (1) such service credits are not used
 6    for  credit  in  any  other  statutory  tax-supported  public
 7    employee retirement system  other  than  the  federal  Social
 8    Security  program;  and  (2)  the  member  makes the required
 9    contributions as specified in Section  16-128.   The  service
10    credit  shall  be  effective  as  of  the  date  the required
11    contributions are completed.
12        Any service credits  granted  under  this  Section  shall
13    terminate upon cessation of membership for any cause.
14        Credit may not be granted under this Section covering any
15    period  for  which an age retirement or disability retirement
16    allowance has  been  paid,  except  as  provided  in  Section
17    16-150.1.
18    (Source: P.A. 89-430, eff. 12-15-95; 90-32, eff. 6-27-97.)

19        (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
20        Sec.  16-132.   Retirement annuity eligibility.  A member
21    who has at least 20 years of creditable service  is  entitled
22    to  a  retirement annuity upon or after attainment of age 55.
23    A member who has at least  10  but  less  than  20  years  of
24    creditable  service  is entitled to a retirement annuity upon
25    or after attainment of age 60.  A member who has at  least  5
26    but less than 10 years of creditable service is entitled to a
27    retirement  annuity  upon  or  after attainment of age 62.  A
28    member who (i)  has  earned  during  the  period  immediately
29    preceding  the  last  day  of  service  at  least one year of
30    contributing  creditable  service  as  an   employee   of   a
31    department  as  defined in Section 14-103.04, (ii) has earned
32    at least 5 years of contributing  creditable  service  as  an
33    employee of a department as defined in Section 14-103.04, and
 
                            -12-               LRB9214455EGfg
 1    (iii)  retires  on  or after January 1, 2001 is entitled to a
 2    retirement annuity upon or after attainment of an age  which,
 3    when  added  to  the  number  of  years  of  his or her total
 4    creditable service, equals at least 85.   Portions  of  years
 5    shall be counted as decimal equivalents.
 6        A  member who is eligible to receive a retirement annuity
 7    of at least 74.6% of final average salary and will attain age
 8    55 on or before December 31 during the year  which  commences
 9    on  July  1 shall be deemed to attain age 55 on the preceding
10    June 1.
11        A member meeting  the  above  eligibility  conditions  is
12    entitled  to a retirement annuity upon written application to
13    the board setting  forth  the  date  the  member  wishes  the
14    retirement  annuity to commence.  However, the effective date
15    of the retirement annuity shall be no earlier  than  the  day
16    following  the  last day of creditable service, regardless of
17    the date  of  official  termination  of  employment.   To  be
18    eligible  for  a  retirement  annuity,  a member shall not be
19    employed as a teacher in  the  schools  included  under  this
20    System  (except  as  provided  in  Section 16-150.1) or under
21    Article 17, unless the member is disabled  (in  which  event,
22    eligibility  for  salary must cease), or unless the System is
23    required by federal  law  to  commence  payment  due  to  the
24    member's  age;  the  changes  to  this  sentence made by this
25    amendatory Act of 1991 shall apply without regard to  whether
26    the   member   terminated  employment  before  or  after  its
27    effective date.
28    (Source: P.A. 90-582, eff. 5-27-98; 91-927, eff. 12-14-00.)

29        (40 ILCS 5/16-150) (from Ch. 108 1/2, par. 16-150)
30        Sec. 16-150.  Re-entry.
31        (a)  This Section does not  apply  to  an  annuitant  who
32    returns  to teaching under the program established in Section
33    16-150.1, for the duration of his  or  her  participation  in
 
                            -13-               LRB9214455EGfg
 1    that program.
 2        (b)  If  an annuitant under this System is again employed
 3    as a teacher for an aggregate period exceeding that permitted
 4    by Section 16-118, his or her  retirement  annuity  shall  be
 5    terminated  and  the annuitant shall thereupon be regarded as
 6    an active  member.   The  annuitant's  remaining  accumulated
 7    contributions   shall   be   transferred   to   the  Members'
 8    Contribution  Reserve  from   the   Employer's   Contribution
 9    Reserve.
10        Such  annuitant is not entitled to a recomputation of his
11    or her retirement annuity unless at least one  full  year  of
12    creditable service is rendered after the latest re-entry into
13    service and the annuitant must have rendered at least 3 years
14    of  creditable  service  after  last re-entry into service to
15    qualify for a recomputation of the retirement  annuity  based
16    on  amendments  enacted  while  in  receipt  of  a retirement
17    annuity, except when retirement was due to disability.
18        However, regardless of age, an annuitant in receipt of  a
19    retirement  annuity  may  be  given temporary employment by a
20    school board  not  exceeding  that  permitted  under  Section
21    16-118 and continue to receive the retirement annuity.
22        (c)  Unless  retirement was necessitated by disability, a
23    retirement shall be considered cancelled and  the  retirement
24    allowance must be repaid in full if the annuitant is employed
25    as  a teacher within the school year during which service was
26    terminated.
27        (d)  An annuitant's retirement which does not  include  a
28    period of at least one full and complete school year shall be
29    considered  cancelled  and  the  retirement  annuity  must be
30    repaid in full unless such  retirement  was  necessitated  by
31    disability.
32    (Source: P.A. 86-273; 87-794.)

33        (40 ILCS 5/16-150.1 new)
 
                            -14-               LRB9214455EGfg
 1        Sec. 16-150.1. Return to teaching program.
 2        (a)  The General Assembly finds and declares:
 3             (1)  that   the   State  is  experiencing  a  severe
 4        shortage of qualified teachers;
 5             (2)  that this shortage may, in part, be ameliorated
 6        by encouraging qualified retired teachers  to  return  to
 7        active classroom teaching;
 8             (3)  that this Article currently imposes significant
 9        financial  penalties  on  a  retired  teacher  wishing to
10        return to active teaching; and
11             (4)  that it is  the  purpose  of  this  Section  to
12        establish  a  program to remove those financial penalties
13        and provide positive incentives  to  encourage  qualified
14        retired teachers to return to classroom teaching.
15        (b)  A  person  receiving a retirement annuity under this
16    Article (other  than  a  disability  retirement  annuity)  is
17    eligible to participate in the program established under this
18    Section if he or she:
19             (1)  returns  to  active  employment as a permanent,
20        full-time or part-time, classroom  teacher  in  a  public
21        elementary  or  secondary  school in this State after the
22        effective date of this amendatory Act of the 92nd General
23        Assembly and before July 1, 2006;
24             (2)  teaches in either (i) a school that is  located
25        in  a region that is experiencing a shortage of teachers,
26        as determined by the State Board of Education, or (ii)  a
27        subject  area that is affected by a shortage of qualified
28        teachers, as determined by the State Board of Education.
29             (3)  is fully qualified and  certificated  for  that
30        teaching position;
31             (4)  began receiving the retirement annuity at least
32        6 months before the return to teaching;
33             (5)  has   not   received   any   early   retirement
34        incentives under Section 16-133.3, 16-133.4, or 16-133.5;
 
                            -15-               LRB9214455EGfg
 1        and
 2             (6)  notifies  the  System  in writing of his or her
 3        desire to participate in the  program  established  under
 4        this Section, on or before the return to employment.
 5        (c)  A  qualified participant may continue to participate
 6    in the program established under this Section so long  as  he
 7    or  she  remains employed in accordance with the requirements
 8    of subsection (b).
 9        (d)  For the purposes of this Article, a  participant  in
10    the program established under this Section shall be deemed an
11    active  teacher  in  the  System  for  the  duration  of  the
12    employment  that  is the basis of that participation.  During
13    that participation, both employee and employer  contributions
14    shall  be  made to the System in the same manner as for other
15    teachers, and the participant shall earn  additional  service
16    credit in the same amounts as other teachers.
17        For the purposes of Article 20, however, a participant in
18    the program established under this Section shall be deemed to
19    be an annuitant receiving a retirement annuity.
20        (e)  Notwithstanding   the   other   provisions  of  this
21    Article:
22        A participant  in  the  program  established  under  this
23    Section  shall  continue  to  receive  his  or her retirement
24    annuity.
25        Throughout the period of participation  in  the  program,
26    the participant's retirement annuity shall be recalculated on
27    each  July 1.  The recalculation shall include the additional
28    service credit earned by the participant during the preceding
29    12 months and any one-time or automatic annual increases that
30    have accrued, but shall use the  same  final  average  salary
31    that  was  used  to  calculate the retirement annuity granted
32    before participation in this program began.   Based  on  that
33    additional   service  credit,  the  base  retirement  annuity
34    recalculated under this Section, excluding  any  one-time  or
 
                            -16-               LRB9214455EGfg
 1    automatic  annual increases that may have accrued, may reach,
 2    but may not exceed, 85% of final average salary.
 3        (f)  Within 60 days after  the  effective  date  of  this
 4    amendatory Act of the 92nd General Assembly, the System shall
 5    notify  all  qualified  retirement annuitants about the terms
 6    and  availability  of  the  program  established  under  this
 7    Section.
 8        (g)  This Section applies without regard to  whether  the
 9    annuitant  was  in  service on or after the effective date of
10    this amendatory Act of the 92nd General Assembly.

11        (40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
12        Sec. 16-152. Contributions by members.
13        (a)  Each member shall make contributions for  membership
14    service to this System as follows:
15             (1)  Effective  July 1, 1998, contributions of 7.50%
16        of salary towards the cost  of  the  retirement  annuity.
17        Such    contributions    shall    be    deemed    "normal
18        contributions".
19             (2)  Effective July 1, 1969, contributions of 1/2 of
20        1%  of  salary  toward  the  cost of the automatic annual
21        increase in retirement  annuity  provided  under  Section
22        16-133.1.
23             (3)  Effective July 24, 1959, contributions of 1% of
24        salary  towards  the  cost  of  survivor  benefits.  Such
25        contributions shall not be  credited  to  the  individual
26        account  of the member and shall not be subject to refund
27        except as provided under Section 16-143.2.
28        (b)  The minimum required contribution for  any  year  of
29    full-time teaching service shall be $192.
30        (c)  Contributions shall not be required of any annuitant
31    receiving   a  retirement  annuity  who  is  given  temporary
32    employment not exceeding that permitted under Section 16-118.
33    Contributions shall, however, be required of a participant in
 
                            -17-               LRB9214455EGfg
 1    the program established under Section 16-150.1.
 2        (d)  A person who (i) was a member before July  1,  1998,
 3    (ii)  retires  with more than 34 years of creditable service,
 4    and (iii) does not elect to qualify for  the  augmented  rate
 5    under  Section  16-129.1  shall  be  entitled, at the time of
 6    retirement, to receive a partial refund of contributions made
 7    under this Section for service occurring after the  later  of
 8    June  30,  1998  or  attainment  of  34  years  of creditable
 9    service, in an amount equal to 1.00% of the salary upon which
10    those contributions were based.
11    (Source: P.A. 90-582, eff. 5-27-98.)

12        Section 10.  The School Code is amended by adding Section
13    2-3.131 as follows:

14        (105 ILCS 5/2-3.131 new)
15        Sec. 2-3.131.  Determination of teacher shortages.
16        (a)  For the purpose of  authorizing  the  employment  of
17    retired  teachers  under  the  program established in Section
18    16-150.1 of the Illinois Pension Code,  the  State  Board  of
19    Education  shall  annually determine (i) which regions of the
20    State, if any,  are  currently  experiencing  a  shortage  of
21    qualified teachers, and (ii) which subject areas, if any, are
22    currently  affected  by  a  shortage of qualified teachers in
23    this State.
24        (b)  Any  regional   superintendent,   school   district,
25    school,  or active or retired teacher may file a request with
26    the State Board, asking for a re-evaluation of  the  shortage
27    status of a specific region or subject area.  The State Board
28    shall  respond with a re-evaluation of that region or subject
29    area within 30 days following receipt of the request;  except
30    that  the  State  Board  need  not  re-evaluate any region or
31    subject area more than once in any 4 consecutive months.
32        (c)  As soon as possible after the effective date of this
 
                            -18-               LRB9214455EGfg
 1    amendatory Act of the 92nd General Assembly and on or  before
 2    each  June  1  thereafter,  the  State Board shall notify all
 3    school districts and the Teachers' Retirement System  of  the
 4    State of Illinois of its determinations under subsection (a).
 5        (d)  On  or  before December 31, 2005, the State Board of
 6    Education shall submit a  report  to  the  Governor  and  the
 7    General  Assembly,  in  accordance  with  Section  3.1 of the
 8    General Assembly Organization Act,  on  the  impact  of  this
 9    amendatory  Act  of  the  92nd  General  Assembly  on teacher
10    recruitment and teacher shortages at public schools  in  this
11    State.

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.

[ Top ]