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Public Act 102-1013


 

Public Act 1013 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-1013
 
SB3465 EnrolledLRB102 23987 RPS 33193 b

    AN ACT concerning public employee benefits.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Pension Code is amended by
changing Section 17-149 as follows:
 
    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)
    Sec. 17-149. Cancellation of pensions.
    (a) If any person receiving a disability retirement
pension from the Fund is re-employed as a teacher by an
Employer, the pension shall be cancelled on the date the
re-employment begins, or on the first day of a payroll period
for which service credit was validated, whichever is earlier.
    (b) If any person receiving a service retirement pension
from the Fund is re-employed as a teacher on a permanent or
annual basis by an Employer, the pension shall be cancelled on
the date the re-employment begins, or on the first day of a
payroll period for which service credit was validated,
whichever is earlier. However, subject to the limitations and
requirements of subsection (c-5) or (c-10), the pension shall
not be cancelled in the case of a service retirement pensioner
who is re-employed on a temporary and non-annual basis or on an
hourly basis.
    (c) If the date of re-employment on a permanent or annual
basis occurs within 5 school months after the date of previous
retirement, exclusive of any vacation period, the member shall
be deemed to have been out of service only temporarily and not
permanently retired. Such person shall be entitled to pension
payments for the time he could have been employed as a teacher
and received salary, but shall not be entitled to pension for
or during the summer vacation prior to his return to service.
    When the member again retires on pension, the time of
service and the money contributed by him during re-employment
shall be added to the time and money previously credited. Such
person must acquire 3 consecutive years of additional
contributing service before he may retire again on a pension
at a rate and under conditions other than those in force or
attained at the time of his previous retirement.
    (c-5) For school years beginning on or after July 1, 2019,
the service retirement pension shall not be cancelled in the
case of a service retirement pensioner who is re-employed as a
teacher on a temporary and non-annual basis or on an hourly
basis, so long as the person (1) does not work as a teacher for
compensation on more than 120 days in a school year or (2) does
not accept gross compensation for the re-employment in a
school year in excess of (i) $30,000 or (ii) in the case of a
person who retires with at least 5 years of service as a
principal, an amount that is equal to the daily rate normally
paid to retired principals multiplied by 100. These
limitations apply only to school years that begin on or after
July 1, 2019. Such re-employment does not require
contributions, result in service credit, or constitute active
membership in the Fund.
    The service retirement pension shall not be cancelled in
the case of a service retirement pensioner who is re-employed
as a teacher on a temporary and non-annual basis or on an
hourly basis, so long as the person (1) does not work as a
teacher for compensation on more than 100 days in a school year
or (2) does not accept gross compensation for the
re-employment in a school year in excess of (i) $30,000 or (ii)
in the case of a person who retires with at least 5 years of
service as a principal, an amount that is equal to the daily
rate normally paid to retired principals multiplied by 100.
These limitations apply only to school years that begin on or
after August 8, 2012 (the effective date of Public Act 97-912)
and before July 1, 2019. Such re-employment does not require
contributions, result in service credit, or constitute active
membership in the Fund.
    Notwithstanding the 120-day limit set forth in item (1) of
this subsection (c-5), the service retirement pension shall
not be cancelled in the case of a service retirement pensioner
who teaches only driver education courses after regular school
hours and does not teach any other subject area, so long as the
person does not work as a teacher for compensation for more
than 900 hours in a school year. The $30,000 limit set forth in
subitem (i) of item (2) of this subsection (c-5) shall apply to
a service retirement pensioner who teaches only driver
education courses after regular school hours and does not
teach any other subject area.
    To be eligible for such re-employment without cancellation
of pension, the pensioner must notify the Fund and the Board of
Education of his or her intention to accept re-employment
under this subsection (c-5) before beginning that
re-employment (or if the re-employment began before the
effective date of this amendatory Act, then within 30 days
after that effective date).
    An Employer must certify to the Fund the temporary and
non-annual or hourly status and the compensation of each
pensioner re-employed under this subsection at least
quarterly, and when the pensioner is approaching the earnings
limitation under this subsection.
    If the pensioner works more than 100 days or accepts
excess gross compensation for such re-employment in any school
year that begins on or after August 8, 2012 (the effective date
of Public Act 97-912), the service retirement pension shall
thereupon be cancelled.
    If the pensioner who only teaches drivers education
courses after regular school hours works more than 900 hours
or accepts excess gross compensation for such re-employment in
any school year that begins on or after the effective date of
this amendatory Act of the 99th General Assembly, the service
retirement pension shall thereupon be cancelled.
    If the pensioner works more than 120 days or accepts
excess gross compensation for such re-employment in any school
year that begins on or after July 1, 2019, the service
retirement pension shall thereupon be cancelled.
    The Board of the Fund shall adopt rules for the
implementation and administration of this subsection.
    (c-10) Until June 30, 2024, the service retirement pension
of a service retirement pensioner shall not be cancelled if
the service retirement pensioner is employed in a subject
shortage area and the Employer that is employing the service
retirement pensioner meets the following requirements:
        (1) If the Employer has honorably dismissed, within
    the calendar year preceding the beginning of the school
    term for which it seeks to employ a service retirement
    pensioner under this subsection, any teachers who are
    legally qualified to hold positions in the subject
    shortage area and have not yet begun to receive their
    service retirement pensions under this Article, the vacant
    positions must first be tendered to those teachers.
        (2) For a period of at least 90 days during the 6
    months preceding the beginning of either the fall or
    spring term for which it seeks to employ a service
    retirement pensioner under this subsection, the Employer
    must, on an ongoing basis, (i) advertise its vacancies in
    the subject shortage area in employment bulletins
    published by college and university placement offices
    located near the school; (ii) search for teachers legally
    qualified to fill those vacancies through the Illinois
    Education Job Bank; and (iii) post all vacancies on the
    Employer's website and list the vacancy in an online job
    portal or database.
    An Employer of a teacher who is unable to continue
employment with the Employer because of documented illness,
injury, or disability that occurred after being hired by the
Employer under this subsection is exempt from the provisions
of paragraph (2) for 90 school days. However, the Employer
must on an ongoing basis comply with items (i), (ii), and (iii)
of paragraph (2).
    The Employer must submit documentation of its compliance
with this subsection to the regional superintendent. Upon
receiving satisfactory documentation from the Employer, the
regional superintendent shall certify the Employer's
compliance with this subsection to the Fund.
    (d) Notwithstanding Sections 1-103.1 and 17-157, the
changes to this Section made by Public Act 90-32 apply without
regard to whether termination of service occurred before the
effective date of that Act and apply retroactively to August
23, 1989.
    Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section and Section 17-106 made by Public Act 92-599
apply without regard to whether termination of service
occurred before the effective date of that Act.
    Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section made by this amendatory Act of the 97th General
Assembly apply without regard to whether termination of
service occurred before the effective date of this amendatory
Act.
(Source: P.A. 101-340, eff. 8-9-19.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/27/2022