Illinois 2023-2024 Regular Session

Illinois House Bill HB1297 Compare Versions

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1-Public Act 103-0017
21 HB1297 EnrolledLRB103 25566 RPS 51915 b HB1297 Enrolled LRB103 25566 RPS 51915 b
32 HB1297 Enrolled LRB103 25566 RPS 51915 b
4-AN ACT concerning public employee benefits.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Illinois Pension Code is amended by
8-changing Section 16-127 as follows:
9-(40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
10-Sec. 16-127. Computation of creditable service.
11-(a) Each member shall receive regular credit for all
12-service as a teacher from the date membership begins, for
13-which satisfactory evidence is supplied and all contributions
14-have been paid.
15-(b) The following periods of service shall earn optional
16-credit and each member shall receive credit for all such
17-service for which satisfactory evidence is supplied and all
18-contributions have been paid as of the date specified:
19-(1) Prior service as a teacher.
20-(2) Service in a capacity essentially similar or
21-equivalent to that of a teacher, in the public common
22-schools in school districts in this State not included
23-within the provisions of this System, or of any other
24-State, territory, dependency or possession of the United
25-States, or in schools operated by or under the auspices of
26-the United States, or under the auspices of any agency or
3+1 AN ACT concerning public employee benefits.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Illinois Pension Code is amended by
7+5 changing Section 16-127 as follows:
8+6 (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
9+7 Sec. 16-127. Computation of creditable service.
10+8 (a) Each member shall receive regular credit for all
11+9 service as a teacher from the date membership begins, for
12+10 which satisfactory evidence is supplied and all contributions
13+11 have been paid.
14+12 (b) The following periods of service shall earn optional
15+13 credit and each member shall receive credit for all such
16+14 service for which satisfactory evidence is supplied and all
17+15 contributions have been paid as of the date specified:
18+16 (1) Prior service as a teacher.
19+17 (2) Service in a capacity essentially similar or
20+18 equivalent to that of a teacher, in the public common
21+19 schools in school districts in this State not included
22+20 within the provisions of this System, or of any other
23+21 State, territory, dependency or possession of the United
24+22 States, or in schools operated by or under the auspices of
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
34-period of professional speech correction or special
35-education experience for a public agency within this State
36-or any other State, territory, dependency or possession of
37-the United States, and service prior to February 1, 1951
38-as a recreation worker for the Illinois Department of
39-Public Safety, for a period not exceeding the lesser of
40-2/5 of the total creditable service of the member or 10
41-years. The maximum service of 10 years which is allowable
42-under this paragraph shall be reduced by the service
43-credit which is validated by other retirement systems
44-under paragraph (i) of Section 15-113 and paragraph 1 of
45-Section 17-133. Credit granted under this paragraph may
46-not be used in determination of a retirement annuity or
47-disability benefits unless the member has at least 5 years
48-of creditable service earned subsequent to this employment
49-with one or more of the following systems: Teachers'
50-Retirement System of the State of Illinois, State
51-Universities Retirement System, and the Public School
52-Teachers' Pension and Retirement Fund of Chicago. Whenever
53-such service credit exceeds the maximum allowed for all
54-purposes of this Article, the first service rendered in
55-point of time shall be considered. The changes to this
56-subdivision (b)(2) made by Public Act 86-272 shall apply
57-not only to persons who on or after its effective date
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
35+2 period of professional speech correction or special
36+3 education experience for a public agency within this State
37+4 or any other State, territory, dependency or possession of
38+5 the United States, and service prior to February 1, 1951
39+6 as a recreation worker for the Illinois Department of
40+7 Public Safety, for a period not exceeding the lesser of
41+8 2/5 of the total creditable service of the member or 10
42+9 years. The maximum service of 10 years which is allowable
43+10 under this paragraph shall be reduced by the service
44+11 credit which is validated by other retirement systems
45+12 under paragraph (i) of Section 15-113 and paragraph 1 of
46+13 Section 17-133. Credit granted under this paragraph may
47+14 not be used in determination of a retirement annuity or
48+15 disability benefits unless the member has at least 5 years
49+16 of creditable service earned subsequent to this employment
50+17 with one or more of the following systems: Teachers'
51+18 Retirement System of the State of Illinois, State
52+19 Universities Retirement System, and the Public School
53+20 Teachers' Pension and Retirement Fund of Chicago. Whenever
54+21 such service credit exceeds the maximum allowed for all
55+22 purposes of this Article, the first service rendered in
56+23 point of time shall be considered. The changes to this
57+24 subdivision (b)(2) made by Public Act 86-272 shall apply
58+25 not only to persons who on or after its effective date
59+26 (August 23, 1989) are in service as a teacher under the
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61-System, but also to persons whose status as such a teacher
62-terminated prior to such effective date, whether or not
63-such person is an annuitant on that date.
64-(3) Any periods immediately following teaching
65-service, under this System or under Article 17, (or
66-immediately following service prior to February 1, 1951 as
67-a recreation worker for the Illinois Department of Public
68-Safety) spent in active service with the military forces
69-of the United States; periods spent in educational
70-programs that prepare for return to teaching sponsored by
71-the federal government following such active military
72-service; if a teacher returns to teaching service within
73-one calendar year after discharge or after the completion
74-of the educational program, a further period, not
75-exceeding one calendar year, between time spent in
76-military service or in such educational programs and the
77-return to employment as a teacher under this System; and a
78-period of up to 2 years of active military service not
79-immediately following employment as a teacher.
80-The changes to this Section and Section 16-128
81-relating to military service made by P.A. 87-794 shall
82-apply not only to persons who on or after its effective
83-date are in service as a teacher under the System, but also
84-to persons whose status as a teacher terminated prior to
85-that date, whether or not the person is an annuitant on
86-that date. In the case of an annuitant who applies for
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89-credit allowable under this Section for a period of
90-military service that did not immediately follow
91-employment, and who has made the required contributions
92-for such credit, the annuity shall be recalculated to
93-include the additional service credit, with the increase
94-taking effect on the date the System received written
95-notification of the annuitant's intent to purchase the
96-credit, if payment of all the required contributions is
97-made within 60 days of such notice, or else on the first
98-annuity payment date following the date of payment of the
99-required contributions. In calculating the automatic
100-annual increase for an annuity that has been recalculated
101-under this Section, the increase attributable to the
102-additional service allowable under P.A. 87-794 shall be
103-included in the calculation of automatic annual increases
104-accruing after the effective date of the recalculation.
105-Credit for military service shall be determined as
106-follows: if entry occurs during the months of July,
107-August, or September and the member was a teacher at the
108-end of the immediately preceding school term, credit shall
109-be granted from July 1 of the year in which he or she
110-entered service; if entry occurs during the school term
111-and the teacher was in teaching service at the beginning
112-of the school term, credit shall be granted from July 1 of
113-such year. In all other cases where credit for military
114-service is allowed, credit shall be granted from the date
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117-of entry into the service.
118-The total period of military service for which credit
119-is granted shall not exceed 5 years for any member unless
120-the service: (A) is validated before July 1, 1964, and (B)
121-does not extend beyond July 1, 1963. Credit for military
122-service shall be granted under this Section only if not
123-more than 5 years of the military service for which credit
124-is granted under this Section is used by the member to
125-qualify for a military retirement allotment from any
126-branch of the armed forces of the United States. The
127-changes to this subdivision (b)(3) made by Public Act
128-86-272 shall apply not only to persons who on or after its
129-effective date (August 23, 1989) are in service as a
130-teacher under the System, but also to persons whose status
131-as such a teacher terminated prior to such effective date,
132-whether or not such person is an annuitant on that date.
133-(4) Any periods served as a member of the General
134-Assembly.
135-(5)(i) Any periods for which a teacher, as defined in
136-Section 16-106, is granted a leave of absence, provided he
137-or she returns to teaching service creditable under this
138-System or the State Universities Retirement System
139-following the leave; (ii) periods during which a teacher
140-is involuntarily laid off from teaching, provided he or
141-she returns to teaching following the lay-off; (iii)
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
71+2 terminated prior to such effective date, whether or not
72+3 such person is an annuitant on that date.
73+4 (3) Any periods immediately following teaching
74+5 service, under this System or under Article 17, (or
75+6 immediately following service prior to February 1, 1951 as
76+7 a recreation worker for the Illinois Department of Public
77+8 Safety) spent in active service with the military forces
78+9 of the United States; periods spent in educational
79+10 programs that prepare for return to teaching sponsored by
80+11 the federal government following such active military
81+12 service; if a teacher returns to teaching service within
82+13 one calendar year after discharge or after the completion
83+14 of the educational program, a further period, not
84+15 exceeding one calendar year, between time spent in
85+16 military service or in such educational programs and the
86+17 return to employment as a teacher under this System; and a
87+18 period of up to 2 years of active military service not
88+19 immediately following employment as a teacher.
89+20 The changes to this Section and Section 16-128
90+21 relating to military service made by P.A. 87-794 shall
91+22 apply not only to persons who on or after its effective
92+23 date are in service as a teacher under the System, but also
93+24 to persons whose status as a teacher terminated prior to
94+25 that date, whether or not the person is an annuitant on
95+26 that date. In the case of an annuitant who applies for
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145-ceased covered employment due to pregnancy, provided that
146-the teacher returned to teaching service creditable under
147-this System or the State Universities Retirement System
148-following the pregnancy and submits evidence satisfactory
149-to the Board documenting that the employment ceased due to
150-pregnancy; and (iv) periods prior to July 1, 1983 during
151-which a teacher ceased covered employment for the purpose
152-of adopting an infant under 3 years of age or caring for a
153-newly adopted infant under 3 years of age, provided that
154-the teacher returned to teaching service creditable under
155-this System or the State Universities Retirement System
156-following the adoption and submits evidence satisfactory
157-to the Board documenting that the employment ceased for
158-the purpose of adopting an infant under 3 years of age or
159-caring for a newly adopted infant under 3 years of age.
160-However, total credit under this paragraph (5) may not
161-exceed 3 years.
162-Any qualified member or annuitant may apply for credit
163-under item (iii) or (iv) of this paragraph (5) without
164-regard to whether service was terminated before the
165-effective date of this amendatory Act of 1997. In the case
166-of an annuitant who establishes credit under item (iii) or
167-(iv), the annuity shall be recalculated to include the
168-additional service credit. The increase in annuity shall
169-take effect on the date the System receives written
170-notification of the annuitant's intent to purchase the
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173-credit, if the required evidence is submitted and the
174-required contribution paid within 60 days of that
175-notification, otherwise on the first annuity payment date
176-following the System's receipt of the required evidence
177-and contribution. The increase in an annuity recalculated
178-under this provision shall be included in the calculation
179-of automatic annual increases in the annuity accruing
180-after the effective date of the recalculation.
181-Optional credit may be purchased under this subsection
182-(b)(5) for periods during which a teacher has been granted
183-a leave of absence pursuant to Section 24-13 of the School
184-Code. A teacher whose service under this Article
185-terminated prior to the effective date of P.A. 86-1488
186-shall be eligible to purchase such optional credit. If a
187-teacher who purchases this optional credit is already
188-receiving a retirement annuity under this Article, the
189-annuity shall be recalculated as if the annuitant had
190-applied for the leave of absence credit at the time of
191-retirement. The difference between the entitled annuity
192-and the actual annuity shall be credited to the purchase
193-of the optional credit. The remainder of the purchase cost
194-of the optional credit shall be paid on or before April 1,
195-1992.
196-The change in this paragraph made by Public Act 86-273
197-shall be applicable to teachers who retire after June 1,
198-1989, as well as to teachers who are in service on that
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201-date.
202-(6) Any days of unused and uncompensated accumulated
203-sick leave earned by a teacher. The service credit granted
204-under this paragraph shall be the ratio of the number of
205-unused and uncompensated accumulated sick leave days to
206-170 days, subject to a maximum of 2 years of service
207-credit. Prior to the member's retirement, each former
208-employer shall certify to the System the number of unused
209-and uncompensated accumulated sick leave days credited to
210-the member at the time of termination of service. The
211-period of unused sick leave shall not be considered in
212-determining the effective date of retirement. A member is
213-not required to make contributions in order to obtain
214-service credit for unused sick leave.
215-Credit for sick leave shall, at retirement, be granted
216-by the System for any retiring regional or assistant
217-regional superintendent of schools at the rate of 6 days
218-per year of creditable service or portion thereof
219-established while serving as such superintendent or
220-assistant superintendent.
221-(7) Periods prior to February 1, 1987 served as an
222-employee of the Illinois Mathematics and Science Academy
223-for which credit has not been terminated under Section
224-15-113.9 of this Code.
225-(8) Service as a substitute teacher for work performed
226-prior to July 1, 1990.
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106+1 credit allowable under this Section for a period of
107+2 military service that did not immediately follow
108+3 employment, and who has made the required contributions
109+4 for such credit, the annuity shall be recalculated to
110+5 include the additional service credit, with the increase
111+6 taking effect on the date the System received written
112+7 notification of the annuitant's intent to purchase the
113+8 credit, if payment of all the required contributions is
114+9 made within 60 days of such notice, or else on the first
115+10 annuity payment date following the date of payment of the
116+11 required contributions. In calculating the automatic
117+12 annual increase for an annuity that has been recalculated
118+13 under this Section, the increase attributable to the
119+14 additional service allowable under P.A. 87-794 shall be
120+15 included in the calculation of automatic annual increases
121+16 accruing after the effective date of the recalculation.
122+17 Credit for military service shall be determined as
123+18 follows: if entry occurs during the months of July,
124+19 August, or September and the member was a teacher at the
125+20 end of the immediately preceding school term, credit shall
126+21 be granted from July 1 of the year in which he or she
127+22 entered service; if entry occurs during the school term
128+23 and the teacher was in teaching service at the beginning
129+24 of the school term, credit shall be granted from July 1 of
130+25 such year. In all other cases where credit for military
131+26 service is allowed, credit shall be granted from the date
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229-(9) Service as a part-time teacher for work performed
230-prior to July 1, 1990.
231-(10) Up to 2 years of employment with Southern
232-Illinois University - Carbondale from September 1, 1959 to
233-August 31, 1961, or with Governors State University from
234-September 1, 1972 to August 31, 1974, for which the
235-teacher has no credit under Article 15. To receive credit
236-under this item (10), a teacher must apply in writing to
237-the Board and pay the required contributions before May 1,
238-1993 and have at least 12 years of service credit under
239-this Article.
240-(b-1) A member may establish optional credit for up to 2
241-years of service as a teacher or administrator employed by a
242-private school recognized by the Illinois State Board of
243-Education, provided that the teacher (i) was certified under
244-the law governing the certification of teachers at the time
245-the service was rendered, (ii) applies in writing on or before
246-June 30, 2028 2023, (iii) supplies satisfactory evidence of
247-the employment, (iv) completes at least 10 years of
248-contributing service as a teacher as defined in Section
249-16-106, and (v) pays the contribution required in subsection
250-(d-5) of Section 16-128. The member may apply for credit under
251-this subsection and pay the required contribution before
252-completing the 10 years of contributing service required under
253-item (iv), but the credit may not be used until the item (iv)
254-contributing service requirement has been met.
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257-(c) The service credits specified in this Section shall be
258-granted only if: (1) such service credits are not used for
259-credit in any other statutory tax-supported public employee
260-retirement system other than the federal Social Security
261-program; and (2) the member makes the required contributions
262-as specified in Section 16-128. Except as provided in
263-subsection (b-1) of this Section, the service credit shall be
264-effective as of the date the required contributions are
265-completed.
266-Any service credits granted under this Section shall
267-terminate upon cessation of membership for any cause.
268-Credit may not be granted under this Section covering any
269-period for which an age retirement or disability retirement
270-allowance has been paid.
271-Credit may not be granted under this Section for service
272-as an employee of an entity that provides substitute teaching
273-services under Section 2-3.173 of the School Code and is not a
274-school district.
275-(Source: P.A. 102-525, eff. 8-20-21.)
276-Section 99. Effective date. This Act takes effect upon
277-becoming law.
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142+1 of entry into the service.
143+2 The total period of military service for which credit
144+3 is granted shall not exceed 5 years for any member unless
145+4 the service: (A) is validated before July 1, 1964, and (B)
146+5 does not extend beyond July 1, 1963. Credit for military
147+6 service shall be granted under this Section only if not
148+7 more than 5 years of the military service for which credit
149+8 is granted under this Section is used by the member to
150+9 qualify for a military retirement allotment from any
151+10 branch of the armed forces of the United States. The
152+11 changes to this subdivision (b)(3) made by Public Act
153+12 86-272 shall apply not only to persons who on or after its
154+13 effective date (August 23, 1989) are in service as a
155+14 teacher under the System, but also to persons whose status
156+15 as such a teacher terminated prior to such effective date,
157+16 whether or not such person is an annuitant on that date.
158+17 (4) Any periods served as a member of the General
159+18 Assembly.
160+19 (5)(i) Any periods for which a teacher, as defined in
161+20 Section 16-106, is granted a leave of absence, provided he
162+21 or she returns to teaching service creditable under this
163+22 System or the State Universities Retirement System
164+23 following the leave; (ii) periods during which a teacher
165+24 is involuntarily laid off from teaching, provided he or
166+25 she returns to teaching following the lay-off; (iii)
167+26 periods prior to July 1, 1983 during which a teacher
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178+1 ceased covered employment due to pregnancy, provided that
179+2 the teacher returned to teaching service creditable under
180+3 this System or the State Universities Retirement System
181+4 following the pregnancy and submits evidence satisfactory
182+5 to the Board documenting that the employment ceased due to
183+6 pregnancy; and (iv) periods prior to July 1, 1983 during
184+7 which a teacher ceased covered employment for the purpose
185+8 of adopting an infant under 3 years of age or caring for a
186+9 newly adopted infant under 3 years of age, provided that
187+10 the teacher returned to teaching service creditable under
188+11 this System or the State Universities Retirement System
189+12 following the adoption and submits evidence satisfactory
190+13 to the Board documenting that the employment ceased for
191+14 the purpose of adopting an infant under 3 years of age or
192+15 caring for a newly adopted infant under 3 years of age.
193+16 However, total credit under this paragraph (5) may not
194+17 exceed 3 years.
195+18 Any qualified member or annuitant may apply for credit
196+19 under item (iii) or (iv) of this paragraph (5) without
197+20 regard to whether service was terminated before the
198+21 effective date of this amendatory Act of 1997. In the case
199+22 of an annuitant who establishes credit under item (iii) or
200+23 (iv), the annuity shall be recalculated to include the
201+24 additional service credit. The increase in annuity shall
202+25 take effect on the date the System receives written
203+26 notification of the annuitant's intent to purchase the
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214+1 credit, if the required evidence is submitted and the
215+2 required contribution paid within 60 days of that
216+3 notification, otherwise on the first annuity payment date
217+4 following the System's receipt of the required evidence
218+5 and contribution. The increase in an annuity recalculated
219+6 under this provision shall be included in the calculation
220+7 of automatic annual increases in the annuity accruing
221+8 after the effective date of the recalculation.
222+9 Optional credit may be purchased under this subsection
223+10 (b)(5) for periods during which a teacher has been granted
224+11 a leave of absence pursuant to Section 24-13 of the School
225+12 Code. A teacher whose service under this Article
226+13 terminated prior to the effective date of P.A. 86-1488
227+14 shall be eligible to purchase such optional credit. If a
228+15 teacher who purchases this optional credit is already
229+16 receiving a retirement annuity under this Article, the
230+17 annuity shall be recalculated as if the annuitant had
231+18 applied for the leave of absence credit at the time of
232+19 retirement. The difference between the entitled annuity
233+20 and the actual annuity shall be credited to the purchase
234+21 of the optional credit. The remainder of the purchase cost
235+22 of the optional credit shall be paid on or before April 1,
236+23 1992.
237+24 The change in this paragraph made by Public Act 86-273
238+25 shall be applicable to teachers who retire after June 1,
239+26 1989, as well as to teachers who are in service on that
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250+1 date.
251+2 (6) Any days of unused and uncompensated accumulated
252+3 sick leave earned by a teacher. The service credit granted
253+4 under this paragraph shall be the ratio of the number of
254+5 unused and uncompensated accumulated sick leave days to
255+6 170 days, subject to a maximum of 2 years of service
256+7 credit. Prior to the member's retirement, each former
257+8 employer shall certify to the System the number of unused
258+9 and uncompensated accumulated sick leave days credited to
259+10 the member at the time of termination of service. The
260+11 period of unused sick leave shall not be considered in
261+12 determining the effective date of retirement. A member is
262+13 not required to make contributions in order to obtain
263+14 service credit for unused sick leave.
264+15 Credit for sick leave shall, at retirement, be granted
265+16 by the System for any retiring regional or assistant
266+17 regional superintendent of schools at the rate of 6 days
267+18 per year of creditable service or portion thereof
268+19 established while serving as such superintendent or
269+20 assistant superintendent.
270+21 (7) Periods prior to February 1, 1987 served as an
271+22 employee of the Illinois Mathematics and Science Academy
272+23 for which credit has not been terminated under Section
273+24 15-113.9 of this Code.
274+25 (8) Service as a substitute teacher for work performed
275+26 prior to July 1, 1990.
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286+1 (9) Service as a part-time teacher for work performed
287+2 prior to July 1, 1990.
288+3 (10) Up to 2 years of employment with Southern
289+4 Illinois University - Carbondale from September 1, 1959 to
290+5 August 31, 1961, or with Governors State University from
291+6 September 1, 1972 to August 31, 1974, for which the
292+7 teacher has no credit under Article 15. To receive credit
293+8 under this item (10), a teacher must apply in writing to
294+9 the Board and pay the required contributions before May 1,
295+10 1993 and have at least 12 years of service credit under
296+11 this Article.
297+12 (b-1) A member may establish optional credit for up to 2
298+13 years of service as a teacher or administrator employed by a
299+14 private school recognized by the Illinois State Board of
300+15 Education, provided that the teacher (i) was certified under
301+16 the law governing the certification of teachers at the time
302+17 the service was rendered, (ii) applies in writing on or before
303+18 June 30, 2028 2023, (iii) supplies satisfactory evidence of
304+19 the employment, (iv) completes at least 10 years of
305+20 contributing service as a teacher as defined in Section
306+21 16-106, and (v) pays the contribution required in subsection
307+22 (d-5) of Section 16-128. The member may apply for credit under
308+23 this subsection and pay the required contribution before
309+24 completing the 10 years of contributing service required under
310+25 item (iv), but the credit may not be used until the item (iv)
311+26 contributing service requirement has been met.
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322+1 (c) The service credits specified in this Section shall be
323+2 granted only if: (1) such service credits are not used for
324+3 credit in any other statutory tax-supported public employee
325+4 retirement system other than the federal Social Security
326+5 program; and (2) the member makes the required contributions
327+6 as specified in Section 16-128. Except as provided in
328+7 subsection (b-1) of this Section, the service credit shall be
329+8 effective as of the date the required contributions are
330+9 completed.
331+10 Any service credits granted under this Section shall
332+11 terminate upon cessation of membership for any cause.
333+12 Credit may not be granted under this Section covering any
334+13 period for which an age retirement or disability retirement
335+14 allowance has been paid.
336+15 Credit may not be granted under this Section for service
337+16 as an employee of an entity that provides substitute teaching
338+17 services under Section 2-3.173 of the School Code and is not a
339+18 school district.
340+19 (Source: P.A. 102-525, eff. 8-20-21.)
341+20 Section 99. Effective date. This Act takes effect upon
342+21 becoming law.
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