State of Illinois
92nd General Assembly

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 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 Section 16-106 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
11    in  which  services  are expected to be rendered for at least
12    one school term:
13             (1)  Any educational,  administrative,  professional
14        or  other  staff  employed  in  the public common schools
15        included within  this  system  in  a  position  requiring
16        certification  under  the law governing the certification
17        of teachers;
18             (2)  Any educational,  administrative,  professional
19        or other staff employed in any facility of the Department
20        of  Children  and  Family  Services  or the Department of
21        Human Services, in  a  position  requiring  certification
22        under  the  law  governing the certification of teachers,
23        and any person who (i) works in such a position  for  the
24        Department  of  Corrections,  (ii)  was  a member of this
25        System on May 31, 1987, and (iii) did not elect to become
26        a  member  of  the  State  Employees'  Retirement  System
27        pursuant to Section 14-108.2 of this Code;
28             (3)  Any   regional   superintendent   of   schools,
29        assistant  regional  superintendent  of  schools,   State
30        Superintendent  of  Education; any person employed by the
31        State Board of Education as an executive;  any  executive
                            -2-                LRB9207545EGfg
 1        of  the  boards  engaged  in the service of public common
 2        school education in school districts covered  under  this
 3        system  of which the State Superintendent of Education is
 4        an ex-officio member;
 5             (4)  Any employee  of  a  school  board  association
 6        operating  in  compliance  with  Article 23 of the School
 7        Code who is certificated  under  the  law  governing  the
 8        certification of teachers;
 9             (5)  Any  person  employed  by the retirement system
10        who:
11                  (i)  was an employee of and  a  participant  in
12             the  system on the effective date of this amendatory
13             Act of the 92nd General Assembly, or
14                  (ii)  becomes an employee of the system  on  or
15             after  the  effective date of this amendatory Act of
16             the 92nd General Assembly; as an executive, and  any
17             person  employed  by  the  retirement  system who is
18             certificated   under   the   law    governing    the
19             certification of teachers;
20             (6)  Any  educational,  administrative, professional
21        or other staff employed by and under the supervision  and
22        control of a regional superintendent of schools, provided
23        such  employment  position  requires  the  person  to  be
24        certificated under the law governing the certification of
25        teachers  and  is  in an educational program serving 2 or
26        more districts  in  accordance  with  a  joint  agreement
27        authorized by the School Code or by federal legislation;
28             (7)  Any  educational,  administrative, professional
29        or  other  staff  employed  in   an  educational  program
30        serving 2 or more school districts in accordance  with  a
31        joint  agreement  authorized  by  the  School  Code or by
32        federal  legislation  and   in   a   position   requiring
33        certification  under the laws governing the certification
34        of teachers;
                            -3-                LRB9207545EGfg
 1             (8)  Any officer or employee of a statewide  teacher
 2        organization   or   officer   of   a   national   teacher
 3        organization  who  is  certified  under the law governing
 4        certification of teachers, provided: (i)  the  individual
 5        had  previously established creditable service under this
 6        Article, (ii) the individual files  with  the  system  an
 7        irrevocable  election  to  become a member, and (iii) the
 8        individual does not receive credit for such service under
 9        any other Article of this Code;
10             (9)  Any educational, administrative,  professional,
11        or  other staff employed in a charter school operating in
12        compliance  with  the  Charter   Schools   Law   who   is
13        certificated under the law governing the certification of
14        teachers.
15        An  annuitant  receiving  a retirement annuity under this
16    Article or under Article 17 of this Code who  is  temporarily
17    employed  by  a  board  of  education  or  other employer not
18    exceeding that  permitted  under  Section  16-118  is  not  a
19    "teacher"  for  purposes  of  this Article.  A person who has
20    received  a  single-sum  retirement  benefit  under   Section
21    16-136.4  of  this Article is not a "teacher" for purposes of
22    this Article.
23    (Source: P.A. 89-450,  eff.  4-10-96;  89-507,  eff.  7-1-97;
24    90-14, eff. 7-1-97; 90-448, eff. 8-16-97.)

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.

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