4 | | - | AN ACT concerning public employee benefits. |
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5 | | - | Be it enacted by the People of the State of Illinois, |
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6 | | - | represented in the General Assembly: |
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7 | | - | Section 5. The Illinois Pension Code is amended by |
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8 | | - | changing Section 16-127 as follows: |
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9 | | - | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127) |
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10 | | - | Sec. 16-127. Computation of creditable service. |
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11 | | - | (a) Each member shall receive regular credit for all |
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12 | | - | service as a teacher from the date membership begins, for |
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13 | | - | which satisfactory evidence is supplied and all contributions |
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14 | | - | have been paid. |
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15 | | - | (b) The following periods of service shall earn optional |
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16 | | - | credit and each member shall receive credit for all such |
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17 | | - | service for which satisfactory evidence is supplied and all |
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18 | | - | contributions have been paid as of the date specified: |
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19 | | - | (1) Prior service as a teacher. |
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20 | | - | (2) Service in a capacity essentially similar or |
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21 | | - | equivalent to that of a teacher, in the public common |
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22 | | - | schools in school districts in this State not included |
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23 | | - | within the provisions of this System, or of any other |
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24 | | - | State, territory, dependency or possession of the United |
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25 | | - | States, or in schools operated by or under the auspices of |
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26 | | - | the United States, or under the auspices of any agency or |
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| 3 | + | 1 AN ACT concerning public employee benefits. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Illinois Pension Code is amended by |
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| 7 | + | 5 changing Section 16-127 as follows: |
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| 8 | + | 6 (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127) |
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| 9 | + | 7 Sec. 16-127. Computation of creditable service. |
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| 10 | + | 8 (a) Each member shall receive regular credit for all |
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| 11 | + | 9 service as a teacher from the date membership begins, for |
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| 12 | + | 10 which satisfactory evidence is supplied and all contributions |
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| 13 | + | 11 have been paid. |
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| 14 | + | 12 (b) The following periods of service shall earn optional |
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| 15 | + | 13 credit and each member shall receive credit for all such |
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| 16 | + | 14 service for which satisfactory evidence is supplied and all |
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| 17 | + | 15 contributions have been paid as of the date specified: |
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| 18 | + | 16 (1) Prior service as a teacher. |
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| 19 | + | 17 (2) Service in a capacity essentially similar or |
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| 20 | + | 18 equivalent to that of a teacher, in the public common |
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| 21 | + | 19 schools in school districts in this State not included |
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| 22 | + | 20 within the provisions of this System, or of any other |
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| 23 | + | 21 State, territory, dependency or possession of the United |
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| 24 | + | 22 States, or in schools operated by or under the auspices of |
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| 25 | + | 23 the United States, or under the auspices of any agency or |
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33 | | - | department of any other State, and service during any |
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34 | | - | period of professional speech correction or special |
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35 | | - | education experience for a public agency within this State |
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36 | | - | or any other State, territory, dependency or possession of |
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37 | | - | the United States, and service prior to February 1, 1951 |
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38 | | - | as a recreation worker for the Illinois Department of |
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39 | | - | Public Safety, for a period not exceeding the lesser of |
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40 | | - | 2/5 of the total creditable service of the member or 10 |
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41 | | - | years. The maximum service of 10 years which is allowable |
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42 | | - | under this paragraph shall be reduced by the service |
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43 | | - | credit which is validated by other retirement systems |
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44 | | - | under paragraph (i) of Section 15-113 and paragraph 1 of |
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45 | | - | Section 17-133. Credit granted under this paragraph may |
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46 | | - | not be used in determination of a retirement annuity or |
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47 | | - | disability benefits unless the member has at least 5 years |
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48 | | - | of creditable service earned subsequent to this employment |
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49 | | - | with one or more of the following systems: Teachers' |
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50 | | - | Retirement System of the State of Illinois, State |
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51 | | - | Universities Retirement System, and the Public School |
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52 | | - | Teachers' Pension and Retirement Fund of Chicago. Whenever |
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53 | | - | such service credit exceeds the maximum allowed for all |
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54 | | - | purposes of this Article, the first service rendered in |
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55 | | - | point of time shall be considered. The changes to this |
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56 | | - | subdivision (b)(2) made by Public Act 86-272 shall apply |
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57 | | - | not only to persons who on or after its effective date |
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58 | | - | (August 23, 1989) are in service as a teacher under the |
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| 34 | + | 1 department of any other State, and service during any |
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| 35 | + | 2 period of professional speech correction or special |
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| 36 | + | 3 education experience for a public agency within this State |
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| 37 | + | 4 or any other State, territory, dependency or possession of |
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| 38 | + | 5 the United States, and service prior to February 1, 1951 |
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| 39 | + | 6 as a recreation worker for the Illinois Department of |
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| 40 | + | 7 Public Safety, for a period not exceeding the lesser of |
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| 41 | + | 8 2/5 of the total creditable service of the member or 10 |
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| 42 | + | 9 years. The maximum service of 10 years which is allowable |
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| 43 | + | 10 under this paragraph shall be reduced by the service |
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| 44 | + | 11 credit which is validated by other retirement systems |
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| 45 | + | 12 under paragraph (i) of Section 15-113 and paragraph 1 of |
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| 46 | + | 13 Section 17-133. Credit granted under this paragraph may |
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| 47 | + | 14 not be used in determination of a retirement annuity or |
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| 48 | + | 15 disability benefits unless the member has at least 5 years |
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| 49 | + | 16 of creditable service earned subsequent to this employment |
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| 50 | + | 17 with one or more of the following systems: Teachers' |
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| 51 | + | 18 Retirement System of the State of Illinois, State |
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| 52 | + | 19 Universities Retirement System, and the Public School |
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| 53 | + | 20 Teachers' Pension and Retirement Fund of Chicago. Whenever |
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| 54 | + | 21 such service credit exceeds the maximum allowed for all |
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| 55 | + | 22 purposes of this Article, the first service rendered in |
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| 56 | + | 23 point of time shall be considered. The changes to this |
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| 57 | + | 24 subdivision (b)(2) made by Public Act 86-272 shall apply |
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| 58 | + | 25 not only to persons who on or after its effective date |
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| 59 | + | 26 (August 23, 1989) are in service as a teacher under the |
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117 | | - | of entry into the service. |
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118 | | - | The total period of military service for which credit |
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119 | | - | is granted shall not exceed 5 years for any member unless |
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120 | | - | the service: (A) is validated before July 1, 1964, and (B) |
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121 | | - | does not extend beyond July 1, 1963. Credit for military |
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122 | | - | service shall be granted under this Section only if not |
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123 | | - | more than 5 years of the military service for which credit |
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124 | | - | is granted under this Section is used by the member to |
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125 | | - | qualify for a military retirement allotment from any |
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126 | | - | branch of the armed forces of the United States. The |
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127 | | - | changes to this subdivision (b)(3) made by Public Act |
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128 | | - | 86-272 shall apply not only to persons who on or after its |
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129 | | - | effective date (August 23, 1989) are in service as a |
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130 | | - | teacher under the System, but also to persons whose status |
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131 | | - | as such a teacher terminated prior to such effective date, |
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132 | | - | whether or not such person is an annuitant on that date. |
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133 | | - | (4) Any periods served as a member of the General |
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134 | | - | Assembly. |
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135 | | - | (5)(i) Any periods for which a teacher, as defined in |
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136 | | - | Section 16-106, is granted a leave of absence, provided he |
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137 | | - | or she returns to teaching service creditable under this |
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138 | | - | System or the State Universities Retirement System |
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139 | | - | following the leave; (ii) periods during which a teacher |
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140 | | - | is involuntarily laid off from teaching, provided he or |
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141 | | - | she returns to teaching following the lay-off; (iii) |
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142 | | - | periods prior to July 1, 1983 during which a teacher |
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| 70 | + | 1 System, but also to persons whose status as such a teacher |
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| 71 | + | 2 terminated prior to such effective date, whether or not |
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| 72 | + | 3 such person is an annuitant on that date. |
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| 73 | + | 4 (3) Any periods immediately following teaching |
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| 74 | + | 5 service, under this System or under Article 17, (or |
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| 75 | + | 6 immediately following service prior to February 1, 1951 as |
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| 76 | + | 7 a recreation worker for the Illinois Department of Public |
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| 77 | + | 8 Safety) spent in active service with the military forces |
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| 78 | + | 9 of the United States; periods spent in educational |
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| 79 | + | 10 programs that prepare for return to teaching sponsored by |
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| 80 | + | 11 the federal government following such active military |
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| 81 | + | 12 service; if a teacher returns to teaching service within |
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| 82 | + | 13 one calendar year after discharge or after the completion |
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| 83 | + | 14 of the educational program, a further period, not |
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| 84 | + | 15 exceeding one calendar year, between time spent in |
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| 85 | + | 16 military service or in such educational programs and the |
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| 86 | + | 17 return to employment as a teacher under this System; and a |
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| 87 | + | 18 period of up to 2 years of active military service not |
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| 88 | + | 19 immediately following employment as a teacher. |
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| 89 | + | 20 The changes to this Section and Section 16-128 |
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| 90 | + | 21 relating to military service made by P.A. 87-794 shall |
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| 91 | + | 22 apply not only to persons who on or after its effective |
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| 92 | + | 23 date are in service as a teacher under the System, but also |
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| 93 | + | 24 to persons whose status as a teacher terminated prior to |
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| 94 | + | 25 that date, whether or not the person is an annuitant on |
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| 95 | + | 26 that date. In the case of an annuitant who applies for |
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201 | | - | date. |
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202 | | - | (6) Any days of unused and uncompensated accumulated |
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203 | | - | sick leave earned by a teacher. The service credit granted |
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204 | | - | under this paragraph shall be the ratio of the number of |
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205 | | - | unused and uncompensated accumulated sick leave days to |
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206 | | - | 170 days, subject to a maximum of 2 years of service |
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207 | | - | credit. Prior to the member's retirement, each former |
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208 | | - | employer shall certify to the System the number of unused |
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209 | | - | and uncompensated accumulated sick leave days credited to |
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210 | | - | the member at the time of termination of service. The |
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211 | | - | period of unused sick leave shall not be considered in |
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212 | | - | determining the effective date of retirement. A member is |
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213 | | - | not required to make contributions in order to obtain |
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214 | | - | service credit for unused sick leave. |
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215 | | - | Credit for sick leave shall, at retirement, be granted |
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216 | | - | by the System for any retiring regional or assistant |
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217 | | - | regional superintendent of schools at the rate of 6 days |
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218 | | - | per year of creditable service or portion thereof |
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219 | | - | established while serving as such superintendent or |
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220 | | - | assistant superintendent. |
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221 | | - | (7) Periods prior to February 1, 1987 served as an |
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222 | | - | employee of the Illinois Mathematics and Science Academy |
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223 | | - | for which credit has not been terminated under Section |
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224 | | - | 15-113.9 of this Code. |
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225 | | - | (8) Service as a substitute teacher for work performed |
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226 | | - | prior to July 1, 1990. |
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| 106 | + | 1 credit allowable under this Section for a period of |
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| 107 | + | 2 military service that did not immediately follow |
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| 108 | + | 3 employment, and who has made the required contributions |
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| 109 | + | 4 for such credit, the annuity shall be recalculated to |
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| 110 | + | 5 include the additional service credit, with the increase |
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| 111 | + | 6 taking effect on the date the System received written |
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| 112 | + | 7 notification of the annuitant's intent to purchase the |
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| 113 | + | 8 credit, if payment of all the required contributions is |
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| 114 | + | 9 made within 60 days of such notice, or else on the first |
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| 115 | + | 10 annuity payment date following the date of payment of the |
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| 116 | + | 11 required contributions. In calculating the automatic |
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| 117 | + | 12 annual increase for an annuity that has been recalculated |
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| 118 | + | 13 under this Section, the increase attributable to the |
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| 119 | + | 14 additional service allowable under P.A. 87-794 shall be |
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| 120 | + | 15 included in the calculation of automatic annual increases |
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| 121 | + | 16 accruing after the effective date of the recalculation. |
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| 122 | + | 17 Credit for military service shall be determined as |
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| 123 | + | 18 follows: if entry occurs during the months of July, |
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| 124 | + | 19 August, or September and the member was a teacher at the |
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| 125 | + | 20 end of the immediately preceding school term, credit shall |
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| 126 | + | 21 be granted from July 1 of the year in which he or she |
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| 127 | + | 22 entered service; if entry occurs during the school term |
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| 128 | + | 23 and the teacher was in teaching service at the beginning |
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| 129 | + | 24 of the school term, credit shall be granted from July 1 of |
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| 130 | + | 25 such year. In all other cases where credit for military |
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| 131 | + | 26 service is allowed, credit shall be granted from the date |
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257 | | - | (c) The service credits specified in this Section shall be |
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258 | | - | granted only if: (1) such service credits are not used for |
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259 | | - | credit in any other statutory tax-supported public employee |
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260 | | - | retirement system other than the federal Social Security |
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261 | | - | program; and (2) the member makes the required contributions |
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262 | | - | as specified in Section 16-128. Except as provided in |
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263 | | - | subsection (b-1) of this Section, the service credit shall be |
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264 | | - | effective as of the date the required contributions are |
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265 | | - | completed. |
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266 | | - | Any service credits granted under this Section shall |
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267 | | - | terminate upon cessation of membership for any cause. |
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268 | | - | Credit may not be granted under this Section covering any |
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269 | | - | period for which an age retirement or disability retirement |
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270 | | - | allowance has been paid. |
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271 | | - | Credit may not be granted under this Section for service |
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272 | | - | as an employee of an entity that provides substitute teaching |
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273 | | - | services under Section 2-3.173 of the School Code and is not a |
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274 | | - | school district. |
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275 | | - | (Source: P.A. 102-525, eff. 8-20-21.) |
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276 | | - | Section 99. Effective date. This Act takes effect upon |
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277 | | - | becoming law. |
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| 139 | + | |
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| 142 | + | 1 of entry into the service. |
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| 143 | + | 2 The total period of military service for which credit |
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| 144 | + | 3 is granted shall not exceed 5 years for any member unless |
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| 145 | + | 4 the service: (A) is validated before July 1, 1964, and (B) |
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| 146 | + | 5 does not extend beyond July 1, 1963. Credit for military |
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| 147 | + | 6 service shall be granted under this Section only if not |
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| 148 | + | 7 more than 5 years of the military service for which credit |
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| 149 | + | 8 is granted under this Section is used by the member to |
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| 150 | + | 9 qualify for a military retirement allotment from any |
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| 151 | + | 10 branch of the armed forces of the United States. The |
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| 152 | + | 11 changes to this subdivision (b)(3) made by Public Act |
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| 153 | + | 12 86-272 shall apply not only to persons who on or after its |
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| 154 | + | 13 effective date (August 23, 1989) are in service as a |
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| 155 | + | 14 teacher under the System, but also to persons whose status |
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| 156 | + | 15 as such a teacher terminated prior to such effective date, |
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| 157 | + | 16 whether or not such person is an annuitant on that date. |
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| 158 | + | 17 (4) Any periods served as a member of the General |
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| 159 | + | 18 Assembly. |
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| 160 | + | 19 (5)(i) Any periods for which a teacher, as defined in |
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| 161 | + | 20 Section 16-106, is granted a leave of absence, provided he |
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| 162 | + | 21 or she returns to teaching service creditable under this |
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| 163 | + | 22 System or the State Universities Retirement System |
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| 164 | + | 23 following the leave; (ii) periods during which a teacher |
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| 165 | + | 24 is involuntarily laid off from teaching, provided he or |
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| 166 | + | 25 she returns to teaching following the lay-off; (iii) |
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| 167 | + | 26 periods prior to July 1, 1983 during which a teacher |
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| 168 | + | |
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| 170 | + | |
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| 178 | + | 1 ceased covered employment due to pregnancy, provided that |
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| 179 | + | 2 the teacher returned to teaching service creditable under |
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| 180 | + | 3 this System or the State Universities Retirement System |
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| 181 | + | 4 following the pregnancy and submits evidence satisfactory |
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| 182 | + | 5 to the Board documenting that the employment ceased due to |
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| 183 | + | 6 pregnancy; and (iv) periods prior to July 1, 1983 during |
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| 184 | + | 7 which a teacher ceased covered employment for the purpose |
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| 185 | + | 8 of adopting an infant under 3 years of age or caring for a |
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| 186 | + | 9 newly adopted infant under 3 years of age, provided that |
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| 187 | + | 10 the teacher returned to teaching service creditable under |
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| 188 | + | 11 this System or the State Universities Retirement System |
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| 189 | + | 12 following the adoption and submits evidence satisfactory |
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| 190 | + | 13 to the Board documenting that the employment ceased for |
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| 191 | + | 14 the purpose of adopting an infant under 3 years of age or |
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| 192 | + | 15 caring for a newly adopted infant under 3 years of age. |
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| 193 | + | 16 However, total credit under this paragraph (5) may not |
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| 194 | + | 17 exceed 3 years. |
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| 195 | + | 18 Any qualified member or annuitant may apply for credit |
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| 196 | + | 19 under item (iii) or (iv) of this paragraph (5) without |
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| 197 | + | 20 regard to whether service was terminated before the |
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| 198 | + | 21 effective date of this amendatory Act of 1997. In the case |
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| 199 | + | 22 of an annuitant who establishes credit under item (iii) or |
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| 200 | + | 23 (iv), the annuity shall be recalculated to include the |
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| 201 | + | 24 additional service credit. The increase in annuity shall |
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| 202 | + | 25 take effect on the date the System receives written |
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| 203 | + | 26 notification of the annuitant's intent to purchase the |
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| 204 | + | |
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| 205 | + | |
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| 214 | + | 1 credit, if the required evidence is submitted and the |
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| 215 | + | 2 required contribution paid within 60 days of that |
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| 216 | + | 3 notification, otherwise on the first annuity payment date |
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| 217 | + | 4 following the System's receipt of the required evidence |
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| 218 | + | 5 and contribution. The increase in an annuity recalculated |
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| 219 | + | 6 under this provision shall be included in the calculation |
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| 220 | + | 7 of automatic annual increases in the annuity accruing |
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| 221 | + | 8 after the effective date of the recalculation. |
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| 222 | + | 9 Optional credit may be purchased under this subsection |
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| 223 | + | 10 (b)(5) for periods during which a teacher has been granted |
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| 224 | + | 11 a leave of absence pursuant to Section 24-13 of the School |
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| 225 | + | 12 Code. A teacher whose service under this Article |
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| 226 | + | 13 terminated prior to the effective date of P.A. 86-1488 |
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| 227 | + | 14 shall be eligible to purchase such optional credit. If a |
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| 228 | + | 15 teacher who purchases this optional credit is already |
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| 229 | + | 16 receiving a retirement annuity under this Article, the |
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| 230 | + | 17 annuity shall be recalculated as if the annuitant had |
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| 231 | + | 18 applied for the leave of absence credit at the time of |
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| 232 | + | 19 retirement. The difference between the entitled annuity |
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| 233 | + | 20 and the actual annuity shall be credited to the purchase |
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| 234 | + | 21 of the optional credit. The remainder of the purchase cost |
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| 235 | + | 22 of the optional credit shall be paid on or before April 1, |
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| 236 | + | 23 1992. |
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| 237 | + | 24 The change in this paragraph made by Public Act 86-273 |
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| 238 | + | 25 shall be applicable to teachers who retire after June 1, |
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| 239 | + | 26 1989, as well as to teachers who are in service on that |
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| 240 | + | |
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| 244 | + | |
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| 247 | + | |
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| 249 | + | HB1297 Enrolled - 8 - LRB103 25566 RPS 51915 b |
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| 250 | + | 1 date. |
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| 251 | + | 2 (6) Any days of unused and uncompensated accumulated |
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| 252 | + | 3 sick leave earned by a teacher. The service credit granted |
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| 253 | + | 4 under this paragraph shall be the ratio of the number of |
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| 254 | + | 5 unused and uncompensated accumulated sick leave days to |
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| 255 | + | 6 170 days, subject to a maximum of 2 years of service |
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| 256 | + | 7 credit. Prior to the member's retirement, each former |
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| 257 | + | 8 employer shall certify to the System the number of unused |
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| 258 | + | 9 and uncompensated accumulated sick leave days credited to |
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| 259 | + | 10 the member at the time of termination of service. The |
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| 260 | + | 11 period of unused sick leave shall not be considered in |
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| 261 | + | 12 determining the effective date of retirement. A member is |
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| 262 | + | 13 not required to make contributions in order to obtain |
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| 263 | + | 14 service credit for unused sick leave. |
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| 264 | + | 15 Credit for sick leave shall, at retirement, be granted |
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| 265 | + | 16 by the System for any retiring regional or assistant |
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| 266 | + | 17 regional superintendent of schools at the rate of 6 days |
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| 267 | + | 18 per year of creditable service or portion thereof |
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| 268 | + | 19 established while serving as such superintendent or |
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| 269 | + | 20 assistant superintendent. |
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| 270 | + | 21 (7) Periods prior to February 1, 1987 served as an |
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| 271 | + | 22 employee of the Illinois Mathematics and Science Academy |
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| 272 | + | 23 for which credit has not been terminated under Section |
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| 273 | + | 24 15-113.9 of this Code. |
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| 274 | + | 25 (8) Service as a substitute teacher for work performed |
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| 275 | + | 26 prior to July 1, 1990. |
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| 276 | + | |
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| 286 | + | 1 (9) Service as a part-time teacher for work performed |
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| 287 | + | 2 prior to July 1, 1990. |
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| 288 | + | 3 (10) Up to 2 years of employment with Southern |
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| 289 | + | 4 Illinois University - Carbondale from September 1, 1959 to |
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| 290 | + | 5 August 31, 1961, or with Governors State University from |
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| 291 | + | 6 September 1, 1972 to August 31, 1974, for which the |
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| 292 | + | 7 teacher has no credit under Article 15. To receive credit |
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| 293 | + | 8 under this item (10), a teacher must apply in writing to |
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| 294 | + | 9 the Board and pay the required contributions before May 1, |
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| 295 | + | 10 1993 and have at least 12 years of service credit under |
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| 296 | + | 11 this Article. |
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| 297 | + | 12 (b-1) A member may establish optional credit for up to 2 |
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| 298 | + | 13 years of service as a teacher or administrator employed by a |
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| 299 | + | 14 private school recognized by the Illinois State Board of |
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| 300 | + | 15 Education, provided that the teacher (i) was certified under |
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| 301 | + | 16 the law governing the certification of teachers at the time |
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| 302 | + | 17 the service was rendered, (ii) applies in writing on or before |
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| 303 | + | 18 June 30, 2028 2023, (iii) supplies satisfactory evidence of |
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| 304 | + | 19 the employment, (iv) completes at least 10 years of |
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| 305 | + | 20 contributing service as a teacher as defined in Section |
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| 306 | + | 21 16-106, and (v) pays the contribution required in subsection |
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| 307 | + | 22 (d-5) of Section 16-128. The member may apply for credit under |
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| 308 | + | 23 this subsection and pay the required contribution before |
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| 309 | + | 24 completing the 10 years of contributing service required under |
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| 310 | + | 25 item (iv), but the credit may not be used until the item (iv) |
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| 311 | + | 26 contributing service requirement has been met. |
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| 322 | + | 1 (c) The service credits specified in this Section shall be |
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| 323 | + | 2 granted only if: (1) such service credits are not used for |
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| 324 | + | 3 credit in any other statutory tax-supported public employee |
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| 325 | + | 4 retirement system other than the federal Social Security |
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| 326 | + | 5 program; and (2) the member makes the required contributions |
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| 327 | + | 6 as specified in Section 16-128. Except as provided in |
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| 328 | + | 7 subsection (b-1) of this Section, the service credit shall be |
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| 329 | + | 8 effective as of the date the required contributions are |
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| 330 | + | 9 completed. |
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| 331 | + | 10 Any service credits granted under this Section shall |
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| 332 | + | 11 terminate upon cessation of membership for any cause. |
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| 333 | + | 12 Credit may not be granted under this Section covering any |
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| 334 | + | 13 period for which an age retirement or disability retirement |
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| 335 | + | 14 allowance has been paid. |
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| 336 | + | 15 Credit may not be granted under this Section for service |
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| 337 | + | 16 as an employee of an entity that provides substitute teaching |
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| 338 | + | 17 services under Section 2-3.173 of the School Code and is not a |
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| 339 | + | 18 school district. |
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| 340 | + | 19 (Source: P.A. 102-525, eff. 8-20-21.) |
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| 341 | + | 20 Section 99. Effective date. This Act takes effect upon |
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| 342 | + | 21 becoming law. |
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