Illinois 2023-2024 Regular Session

Illinois House Bill HB2147 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0525
2	1		HB2147 EnrolledLRB103 25501 RPS 51850 b HB2147 Enrolled LRB103 25501 RPS 51850 b
3	2		HB2147 Enrolled LRB103 25501 RPS 51850 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 adding
8		-	Section 8-108.3 and by changing Sections 16-118, 16-127, and
9		-	16-132 as follows:
10		-	(40 ILCS 5/8-108.3 new)
11		-	Sec. 8-108.3. Credit for service as a part-time employee
12		-	of the Board of Education of the city. An employee of the Board
13		-	of Education of the city, regardless of his or her position,
14		-	may establish up to 2 years of service credit in the Fund for
15		-	part-time employment with the Board of Education of the city
16		-	prior to becoming an employee by applying no later than 6
17		-	months after the effective date of this amendatory Act of the
18		-	103rd General Assembly and paying to the Fund for that
19		-	employment an amount equal to the (1) employee contributions
20		-	based on the actual compensation received and the rate of
21		-	contribution in effect on the date of payment; plus (2) an
22		-	amount representing employer contributions determined by the
23		-	retirement board; plus (3) interest at the effective rate from
24		-	the date of service to the date of payment. However, service
25		-	credit shall not be granted under this Section for any such
26		-	prior employment for which the applicant received credit under
	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 adding
	7	+	5 Section 8-108.3 and by changing Sections 16-118, 16-127, and
	8	+	6 16-132 as follows:
	9	+	7 (40 ILCS 5/8-108.3 new)
	10	+	8 Sec. 8-108.3. Credit for service as a part-time employee
	11	+	9 of the Board of Education of the city. An employee of the Board
	12	+	10 of Education of the city, regardless of his or her position,
	13	+	11 may establish up to 2 years of service credit in the Fund for
	14	+	12 part-time employment with the Board of Education of the city
	15	+	13 prior to becoming an employee by applying no later than 6
	16	+	14 months after the effective date of this amendatory Act of the
	17	+	15 103rd General Assembly and paying to the Fund for that
	18	+	16 employment an amount equal to the (1) employee contributions
	19	+	17 based on the actual compensation received and the rate of
	20	+	18 contribution in effect on the date of payment; plus (2) an
	21	+	19 amount representing employer contributions determined by the
	22	+	20 retirement board; plus (3) interest at the effective rate from
	23	+	21 the date of service to the date of payment. However, service
	24	+	22 credit shall not be granted under this Section for any such
	25	+	23 prior employment for which the applicant received credit under
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33		-	any other provision of this Code or during which the applicant
34		-	was on a leave of absence.
35		-	(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
36		-	Sec. 16-118. Retirement. "Retirement": Entry upon a
37		-	retirement annuity or receipt of a single-sum retirement
38		-	benefit granted under this Article after termination of active
39		-	service as a teacher.
40		-	(a) An annuitant receiving a retirement annuity other than
41		-	a disability retirement annuity may accept employment as a
42		-	teacher from a school board or other employer specified in
43		-	Section 16-106 without impairing retirement status, if that
44		-	employment:
45		-	(1) is not within the school year during which service
46		-	was terminated; and
47		-	(2) does not exceed the following:
48		-	(i) before July 1, 2001, 100 paid days or 500 paid
49		-	hours in any school year;
50		-	(ii) during the period beginning July 1, 2001
51		-	through June 30, 2011, 120 paid days or 600 paid hours
52		-	in each school year;
53		-	(iii) during the period beginning July 1, 2011
54		-	through June 30, 2018, 100 paid days or 500 paid hours
55		-	in each school year;
56		-	(iv) beginning July 1, 2018 through June 30, 2026
57		-	2023, 120 paid days or 600 paid hours in each school
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	34	+	1 any other provision of this Code or during which the applicant
	35	+	2 was on a leave of absence.
	36	+	3 (40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
	37	+	4 Sec. 16-118. Retirement. "Retirement": Entry upon a
	38	+	5 retirement annuity or receipt of a single-sum retirement
	39	+	6 benefit granted under this Article after termination of active
	40	+	7 service as a teacher.
	41	+	8 (a) An annuitant receiving a retirement annuity other than
	42	+	9 a disability retirement annuity may accept employment as a
	43	+	10 teacher from a school board or other employer specified in
	44	+	11 Section 16-106 without impairing retirement status, if that
	45	+	12 employment:
	46	+	13 (1) is not within the school year during which service
	47	+	14 was terminated; and
	48	+	15 (2) does not exceed the following:
	49	+	16 (i) before July 1, 2001, 100 paid days or 500 paid
	50	+	17 hours in any school year;
	51	+	18 (ii) during the period beginning July 1, 2001
	52	+	19 through June 30, 2011, 120 paid days or 600 paid hours
	53	+	20 in each school year;
	54	+	21 (iii) during the period beginning July 1, 2011
	55	+	22 through June 30, 2018, 100 paid days or 500 paid hours
	56	+	23 in each school year;
	57	+	24 (iv) beginning July 1, 2018 through June 30, 2026
	58	+	25 2023, 120 paid days or 600 paid hours in each school
58	59
59	60
60		-	year, but not more than 100 paid days in the same
61		-	classroom;
62		-	(v) (blank); and during the period between July 1,
63		-	2021 and June 30, 2022, an additional 20 paid days or
64		-	100 paid hours shall be added to item (iv) of this
65		-	paragraph (2) to assist with addressing the substitute
66		-	teacher shortage that has been exacerbated by the
67		-	ongoing global pandemic; and
68		-	(vi) beginning July 1, 2026 2023, 100 paid days or
69		-	500 paid hours in each school year.
70		-	Where such permitted employment is partly on a daily and
71		-	partly on an hourly basis, a day shall be considered as 5
72		-	hours.
73		-	(b) Subsection (a) does not apply to an annuitant who
74		-	returns to teaching under the program established in Section
75		-	16-150.1, for the duration of his or her participation in that
76		-	program.
77		-	(Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21;
78		-	102-709, eff. 4-22-22.)
79		-	(40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
80		-	Sec. 16-127. Computation of creditable service.
81		-	(a) Each member shall receive regular credit for all
82		-	service as a teacher from the date membership begins, for
83		-	which satisfactory evidence is supplied and all contributions
84		-	have been paid.
85	61
86	62
87		-	(b) The following periods of service shall earn optional
88		-	credit and each member shall receive credit for all such
89		-	service for which satisfactory evidence is supplied and all
90		-	contributions have been paid as of the date specified:
91		-	(1) Prior service as a teacher.
92		-	(2) Service in a capacity essentially similar or
93		-	equivalent to that of a teacher, in the public common
94		-	schools in school districts in this State not included
95		-	within the provisions of this System, or of any other
96		-	State, territory, dependency or possession of the United
97		-	States, or in schools operated by or under the auspices of
98		-	the United States, or under the auspices of any agency or
99		-	department of any other State, and service during any
100		-	period of professional speech correction or special
101		-	education experience for a public agency within this State
102		-	or any other State, territory, dependency or possession of
103		-	the United States, and service prior to February 1, 1951
104		-	as a recreation worker for the Illinois Department of
105		-	Public Safety, for a period not exceeding the lesser of
106		-	2/5 of the total creditable service of the member or 10
107		-	years. The maximum service of 10 years which is allowable
108		-	under this paragraph shall be reduced by the service
109		-	credit which is validated by other retirement systems
110		-	under paragraph (i) of Section 15-113 and paragraph 1 of
111		-	Section 17-133. Credit granted under this paragraph may
112		-	not be used in determination of a retirement annuity or
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113	65
114	66
115		-	disability benefits unless the member has at least 5 years
116		-	of creditable service earned subsequent to this employment
117		-	with one or more of the following systems: Teachers'
118		-	Retirement System of the State of Illinois, State
119		-	Universities Retirement System, and the Public School
120		-	Teachers' Pension and Retirement Fund of Chicago. Whenever
121		-	such service credit exceeds the maximum allowed for all
122		-	purposes of this Article, the first service rendered in
123		-	point of time shall be considered. The changes to this
124		-	subdivision (b)(2) made by Public Act 86-272 shall apply
125		-	not only to persons who on or after its effective date
126		-	(August 23, 1989) are in service as a teacher under the
127		-	System, but also to persons whose status as such a teacher
128		-	terminated prior to such effective date, whether or not
129		-	such person is an annuitant on that date.
130		-	(3) Any periods immediately following teaching
131		-	service, under this System or under Article 17, (or
132		-	immediately following service prior to February 1, 1951 as
133		-	a recreation worker for the Illinois Department of Public
134		-	Safety) spent in active service with the military forces
135		-	of the United States; periods spent in educational
136		-	programs that prepare for return to teaching sponsored by
137		-	the federal government following such active military
138		-	service; if a teacher returns to teaching service within
139		-	one calendar year after discharge or after the completion
140		-	of the educational program, a further period, not
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	69	+	1 year, but not more than 100 paid days in the same
	70	+	2 classroom;
	71	+	3 (v) (blank); and during the period between July 1,
	72	+	4 2021 and June 30, 2022, an additional 20 paid days or
	73	+	5 100 paid hours shall be added to item (iv) of this
	74	+	6 paragraph (2) to assist with addressing the substitute
	75	+	7 teacher shortage that has been exacerbated by the
	76	+	8 ongoing global pandemic; and
	77	+	9 (vi) beginning July 1, 2026 2023, 100 paid days or
	78	+	10 500 paid hours in each school year.
	79	+	11 Where such permitted employment is partly on a daily and
	80	+	12 partly on an hourly basis, a day shall be considered as 5
	81	+	13 hours.
	82	+	14 (b) Subsection (a) does not apply to an annuitant who
	83	+	15 returns to teaching under the program established in Section
	84	+	16 16-150.1, for the duration of his or her participation in that
	85	+	17 program.
	86	+	18 (Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21;
	87	+	19 102-709, eff. 4-22-22.)
	88	+	20 (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
	89	+	21 Sec. 16-127. Computation of creditable service.
	90	+	22 (a) Each member shall receive regular credit for all
	91	+	23 service as a teacher from the date membership begins, for
	92	+	24 which satisfactory evidence is supplied and all contributions
	93	+	25 have been paid.
141	94
142	95
143		-	exceeding one calendar year, between time spent in
144		-	military service or in such educational programs and the
145		-	return to employment as a teacher under this System; and a
146		-	period of up to 2 years of active military service not
147		-	immediately following employment as a teacher.
148		-	The changes to this Section and Section 16-128
149		-	relating to military service made by P.A. 87-794 shall
150		-	apply not only to persons who on or after its effective
151		-	date are in service as a teacher under the System, but also
152		-	to persons whose status as a teacher terminated prior to
153		-	that date, whether or not the person is an annuitant on
154		-	that date. In the case of an annuitant who applies for
155		-	credit allowable under this Section for a period of
156		-	military service that did not immediately follow
157		-	employment, and who has made the required contributions
158		-	for such credit, the annuity shall be recalculated to
159		-	include the additional service credit, with the increase
160		-	taking effect on the date the System received written
161		-	notification of the annuitant's intent to purchase the
162		-	credit, if payment of all the required contributions is
163		-	made within 60 days of such notice, or else on the first
164		-	annuity payment date following the date of payment of the
165		-	required contributions. In calculating the automatic
166		-	annual increase for an annuity that has been recalculated
167		-	under this Section, the increase attributable to the
168		-	additional service allowable under P.A. 87-794 shall be
169	96
170	97
171		-	included in the calculation of automatic annual increases
172		-	accruing after the effective date of the recalculation.
173		-	Credit for military service shall be determined as
174		-	follows: if entry occurs during the months of July,
175		-	August, or September and the member was a teacher at the
176		-	end of the immediately preceding school term, credit shall
177		-	be granted from July 1 of the year in which he or she
178		-	entered service; if entry occurs during the school term
179		-	and the teacher was in teaching service at the beginning
180		-	of the school term, credit shall be granted from July 1 of
181		-	such year. In all other cases where credit for military
182		-	service is allowed, credit shall be granted from the date
183		-	of entry into the service.
184		-	The total period of military service for which credit
185		-	is granted shall not exceed 5 years for any member unless
186		-	the service: (A) is validated before July 1, 1964, and (B)
187		-	does not extend beyond July 1, 1963. Credit for military
188		-	service shall be granted under this Section only if not
189		-	more than 5 years of the military service for which credit
190		-	is granted under this Section is used by the member to
191		-	qualify for a military retirement allotment from any
192		-	branch of the armed forces of the United States. The
193		-	changes to this subdivision (b)(3) made by Public Act
194		-	86-272 shall apply not only to persons who on or after its
195		-	effective date (August 23, 1989) are in service as a
196		-	teacher under the System, but also to persons whose status
	98	+
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197	100
198	101
199		-	as such a teacher terminated prior to such effective date,
200		-	whether or not such person is an annuitant on that date.
201		-	(4) Any periods served as a member of the General
202		-	Assembly.
203		-	(5)(i) Any periods for which a teacher, as defined in
204		-	Section 16-106, is granted a leave of absence, provided he
205		-	or she returns to teaching service creditable under this
206		-	System or the State Universities Retirement System
207		-	following the leave; (ii) periods during which a teacher
208		-	is involuntarily laid off from teaching, provided he or
209		-	she returns to teaching following the lay-off; (iii)
210		-	periods prior to July 1, 1983 during which a teacher
211		-	ceased covered employment due to pregnancy, provided that
212		-	the teacher returned to teaching service creditable under
213		-	this System or the State Universities Retirement System
214		-	following the pregnancy and submits evidence satisfactory
215		-	to the Board documenting that the employment ceased due to
216		-	pregnancy; and (iv) periods prior to July 1, 1983 during
217		-	which a teacher ceased covered employment for the purpose
218		-	of adopting an infant under 3 years of age or caring for a
219		-	newly adopted infant under 3 years of age, provided that
220		-	the teacher returned to teaching service creditable under
221		-	this System or the State Universities Retirement System
222		-	following the adoption and submits evidence satisfactory
223		-	to the Board documenting that the employment ceased for
224		-	the purpose of adopting an infant under 3 years of age or
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	104	+	1 (b) The following periods of service shall earn optional
	105	+	2 credit and each member shall receive credit for all such
	106	+	3 service for which satisfactory evidence is supplied and all
	107	+	4 contributions have been paid as of the date specified:
	108	+	5 (1) Prior service as a teacher.
	109	+	6 (2) Service in a capacity essentially similar or
	110	+	7 equivalent to that of a teacher, in the public common
	111	+	8 schools in school districts in this State not included
	112	+	9 within the provisions of this System, or of any other
	113	+	10 State, territory, dependency or possession of the United
	114	+	11 States, or in schools operated by or under the auspices of
	115	+	12 the United States, or under the auspices of any agency or
	116	+	13 department of any other State, and service during any
	117	+	14 period of professional speech correction or special
	118	+	15 education experience for a public agency within this State
	119	+	16 or any other State, territory, dependency or possession of
	120	+	17 the United States, and service prior to February 1, 1951
	121	+	18 as a recreation worker for the Illinois Department of
	122	+	19 Public Safety, for a period not exceeding the lesser of
	123	+	20 2/5 of the total creditable service of the member or 10
	124	+	21 years. The maximum service of 10 years which is allowable
	125	+	22 under this paragraph shall be reduced by the service
	126	+	23 credit which is validated by other retirement systems
	127	+	24 under paragraph (i) of Section 15-113 and paragraph 1 of
	128	+	25 Section 17-133. Credit granted under this paragraph may
	129	+	26 not be used in determination of a retirement annuity or
225	130
226	131
227		-	caring for a newly adopted infant under 3 years of age.
228		-	However, total credit under this paragraph (5) may not
229		-	exceed 3 years.
230		-	Any qualified member or annuitant may apply for credit
231		-	under item (iii) or (iv) of this paragraph (5) without
232		-	regard to whether service was terminated before the
233		-	effective date of this amendatory Act of 1997. In the case
234		-	of an annuitant who establishes credit under item (iii) or
235		-	(iv), the annuity shall be recalculated to include the
236		-	additional service credit. The increase in annuity shall
237		-	take effect on the date the System receives written
238		-	notification of the annuitant's intent to purchase the
239		-	credit, if the required evidence is submitted and the
240		-	required contribution paid within 60 days of that
241		-	notification, otherwise on the first annuity payment date
242		-	following the System's receipt of the required evidence
243		-	and contribution. The increase in an annuity recalculated
244		-	under this provision shall be included in the calculation
245		-	of automatic annual increases in the annuity accruing
246		-	after the effective date of the recalculation.
247		-	Optional credit may be purchased under this subsection
248		-	(b)(5) for periods during which a teacher has been granted
249		-	a leave of absence pursuant to Section 24-13 of the School
250		-	Code. A teacher whose service under this Article
251		-	terminated prior to the effective date of P.A. 86-1488
252		-	shall be eligible to purchase such optional credit. If a
253	132
254	133
255		-	teacher who purchases this optional credit is already
256		-	receiving a retirement annuity under this Article, the
257		-	annuity shall be recalculated as if the annuitant had
258		-	applied for the leave of absence credit at the time of
259		-	retirement. The difference between the entitled annuity
260		-	and the actual annuity shall be credited to the purchase
261		-	of the optional credit. The remainder of the purchase cost
262		-	of the optional credit shall be paid on or before April 1,
263		-	1992.
264		-	The change in this paragraph made by Public Act 86-273
265		-	shall be applicable to teachers who retire after June 1,
266		-	1989, as well as to teachers who are in service on that
267		-	date.
268		-	(6) Any days of unused and uncompensated accumulated
269		-	sick leave earned by a teacher. The service credit granted
270		-	under this paragraph shall be the ratio of the number of
271		-	unused and uncompensated accumulated sick leave days to
272		-	170 days, subject to a maximum of 2 years of service
273		-	credit. Prior to the member's retirement, each former
274		-	employer shall certify to the System the number of unused
275		-	and uncompensated accumulated sick leave days credited to
276		-	the member at the time of termination of service. The
277		-	period of unused sick leave shall not be considered in
278		-	determining the effective date of retirement. A member is
279		-	not required to make contributions in order to obtain
280		-	service credit for unused sick leave.
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281	136
282	137
283		-	Credit for sick leave shall, at retirement, be granted
284		-	by the System for any retiring regional or assistant
285		-	regional superintendent of schools at the rate of 6 days
286		-	per year of creditable service or portion thereof
287		-	established while serving as such superintendent or
288		-	assistant superintendent.
289		-	(7) Periods prior to February 1, 1987 served as an
290		-	employee of the Illinois Mathematics and Science Academy
291		-	for which credit has not been terminated under Section
292		-	15-113.9 of this Code.
293		-	(8) Service as a substitute teacher for work performed
294		-	prior to July 1, 1990.
295		-	(9) Service as a part-time teacher for work performed
296		-	prior to July 1, 1990.
297		-	(10) Up to 2 years of employment with Southern
298		-	Illinois University - Carbondale from September 1, 1959 to
299		-	August 31, 1961, or with Governors State University from
300		-	September 1, 1972 to August 31, 1974, for which the
301		-	teacher has no credit under Article 15. To receive credit
302		-	under this item (10), a teacher must apply in writing to
303		-	the Board and pay the required contributions before May 1,
304		-	1993 and have at least 12 years of service credit under
305		-	this Article.
306		-	(11) Periods of service as a student teacher as
307		-	described in Section 24-8.5 of the School Code for which
308		-	the student teacher received a salary.
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	140	+	1 disability benefits unless the member has at least 5 years
	141	+	2 of creditable service earned subsequent to this employment
	142	+	3 with one or more of the following systems: Teachers'
	143	+	4 Retirement System of the State of Illinois, State
	144	+	5 Universities Retirement System, and the Public School
	145	+	6 Teachers' Pension and Retirement Fund of Chicago. Whenever
	146	+	7 such service credit exceeds the maximum allowed for all
	147	+	8 purposes of this Article, the first service rendered in
	148	+	9 point of time shall be considered. The changes to this
	149	+	10 subdivision (b)(2) made by Public Act 86-272 shall apply
	150	+	11 not only to persons who on or after its effective date
	151	+	12 (August 23, 1989) are in service as a teacher under the
	152	+	13 System, but also to persons whose status as such a teacher
	153	+	14 terminated prior to such effective date, whether or not
	154	+	15 such person is an annuitant on that date.
	155	+	16 (3) Any periods immediately following teaching
	156	+	17 service, under this System or under Article 17, (or
	157	+	18 immediately following service prior to February 1, 1951 as
	158	+	19 a recreation worker for the Illinois Department of Public
	159	+	20 Safety) spent in active service with the military forces
	160	+	21 of the United States; periods spent in educational
	161	+	22 programs that prepare for return to teaching sponsored by
	162	+	23 the federal government following such active military
	163	+	24 service; if a teacher returns to teaching service within
	164	+	25 one calendar year after discharge or after the completion
	165	+	26 of the educational program, a further period, not
309	166
310	167
311		-	(b-1) A member may establish optional credit for up to 2
312		-	years of service as a teacher or administrator employed by a
313		-	private school recognized by the Illinois State Board of
314		-	Education, provided that the teacher (i) was certified under
315		-	the law governing the certification of teachers at the time
316		-	the service was rendered, (ii) applies in writing on or before
317		-	June 30, 2023, (iii) supplies satisfactory evidence of the
318		-	employment, (iv) completes at least 10 years of contributing
319		-	service as a teacher as defined in Section 16-106, and (v) pays
320		-	the contribution required in subsection (d-5) of Section
321		-	16-128. The member may apply for credit under this subsection
322		-	and pay the required contribution before completing the 10
323		-	years of contributing service required under item (iv), but
324		-	the credit may not be used until the item (iv) contributing
325		-	service requirement has been met.
326		-	(c) The service credits specified in this Section shall be
327		-	granted only if: (1) such service credits are not used for
328		-	credit in any other statutory tax-supported public employee
329		-	retirement system other than the federal Social Security
330		-	program; and (2) the member makes the required contributions
331		-	as specified in Section 16-128. Except as provided in
332		-	subsection (b-1) of this Section, the service credit shall be
333		-	effective as of the date the required contributions are
334		-	completed.
335		-	Any service credits granted under this Section shall
336		-	terminate upon cessation of membership for any cause.
337	168
338	169
339		-	Credit may not be granted under this Section covering any
340		-	period for which an age retirement or disability retirement
341		-	allowance has been paid.
342		-	Credit may not be granted under this Section for service
343		-	as an employee of an entity that provides substitute teaching
344		-	services under Section 2-3.173 of the School Code and is not a
345		-	school district.
346		-	(Source: P.A. 102-525, eff. 8-20-21.)
347		-	(40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
348		-	Sec. 16-132. Retirement annuity eligibility. A member who
349		-	has at least 20 years of creditable service is entitled to a
350		-	retirement annuity upon or after attainment of age 55. A
351		-	member who has at least 10 but less than 20 years of creditable
352		-	service is entitled to a retirement annuity upon or after
353		-	attainment of age 60. A member who has at least 5 but less than
354		-	10 years of creditable service is entitled to a retirement
355		-	annuity upon or after attainment of age 62. A member who (i)
356		-	has earned during the period immediately preceding the last
357		-	day of service at least one year of contributing creditable
358		-	service as an employee of a department as defined in Section
359		-	14-103.04, (ii) has earned at least 5 years of contributing
360		-	creditable service as an employee of a department as defined
361		-	in Section 14-103.04, and (iii) retires on or after January 1,
362		-	2001 is entitled to a retirement annuity upon or after
363		-	attainment of an age which, when added to the number of years
	170	+
	171	+	HB2147 Enrolled - 5 - LRB103 25501 RPS 51850 b
364	172
365	173
366		-	of his or her total creditable service, equals at least 85.
367		-	Portions of years shall be counted as decimal equivalents.
368		-	A member who is eligible to receive a retirement annuity
369		-	of at least 74.6% of final average salary and will attain age
370		-	55 on or before December 31 during the year which commences on
371		-	July 1 shall be deemed to attain age 55 on the preceding June
372		-	1.
373		-	A member meeting the above eligibility conditions is
374		-	entitled to a retirement annuity upon written application to
375		-	the board setting forth the date the member wishes the
376		-	retirement annuity to commence. However, the effective date of
377		-	the retirement annuity shall be no earlier than the day
378		-	following the last day of creditable service, regardless of
379		-	the date of official termination of employment; however, upon
380		-	written application within 6 months after the effective date
381		-	of this amendatory Act of the 103rd General Assembly by a
382		-	member or annuitant, the creditable service and earnings
383		-	received in the last fiscal year of employment may be
384		-	disregarded when determining the retirement effective date and
385		-	the retirement benefit except that the effective date of a
386		-	retirement annuity may be after the date of official
387		-	termination of employment as long as such employment is for
388		-	(1) less than 10 days in length; and (2) less than $2,500
389		-	$2,000 in creditable earnings; and (3) the last fiscal year of
390		-	employment includes only a fiscal year beginning on or after
391		-	July 1, 2016 and ending before June 30,2023 compensation. The
	174	+	HB2147 Enrolled- 6 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 6 - LRB103 25501 RPS 51850 b
	175	+	HB2147 Enrolled - 6 - LRB103 25501 RPS 51850 b
	176	+	1 exceeding one calendar year, between time spent in
	177	+	2 military service or in such educational programs and the
	178	+	3 return to employment as a teacher under this System; and a
	179	+	4 period of up to 2 years of active military service not
	180	+	5 immediately following employment as a teacher.
	181	+	6 The changes to this Section and Section 16-128
	182	+	7 relating to military service made by P.A. 87-794 shall
	183	+	8 apply not only to persons who on or after its effective
	184	+	9 date are in service as a teacher under the System, but also
	185	+	10 to persons whose status as a teacher terminated prior to
	186	+	11 that date, whether or not the person is an annuitant on
	187	+	12 that date. In the case of an annuitant who applies for
	188	+	13 credit allowable under this Section for a period of
	189	+	14 military service that did not immediately follow
	190	+	15 employment, and who has made the required contributions
	191	+	16 for such credit, the annuity shall be recalculated to
	192	+	17 include the additional service credit, with the increase
	193	+	18 taking effect on the date the System received written
	194	+	19 notification of the annuitant's intent to purchase the
	195	+	20 credit, if payment of all the required contributions is
	196	+	21 made within 60 days of such notice, or else on the first
	197	+	22 annuity payment date following the date of payment of the
	198	+	23 required contributions. In calculating the automatic
	199	+	24 annual increase for an annuity that has been recalculated
	200	+	25 under this Section, the increase attributable to the
	201	+	26 additional service allowable under P.A. 87-794 shall be
392	202
393	203
394		-	retirement effective date may not, as a result of the
395		-	application of this amendatory Act of the 103rd General
396		-	Assembly, be earlier than July 1, 2016.
397		-	To be eligible for a retirement annuity, a member shall
398		-	not be employed as a teacher in the schools included under this
399		-	System or under Article 17, except (i) as provided in Section
400		-	16-118 or 16-150.1, (ii) if the member is disabled (in which
401		-	event, eligibility for salary must cease), or (iii) if the
402		-	System is required by federal law to commence payment due to
403		-	the member's age; the changes to this sentence made by this
404		-	amendatory Act of the 93rd General Assembly apply without
405		-	regard to whether the member terminated employment before or
406		-	after its effective date.
407		-	(Source: P.A. 102-871, eff. 5-13-22.)
408		-	Section 99. Effective date. This Act takes effect upon
409		-	becoming law.
	204	+
	205	+
	206	+
	207	+	HB2147 Enrolled - 6 - LRB103 25501 RPS 51850 b
	208	+
	209	+
	210	+	HB2147 Enrolled- 7 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 7 - LRB103 25501 RPS 51850 b
	211	+	HB2147 Enrolled - 7 - LRB103 25501 RPS 51850 b
	212	+	1 included in the calculation of automatic annual increases
	213	+	2 accruing after the effective date of the recalculation.
	214	+	3 Credit for military service shall be determined as
	215	+	4 follows: if entry occurs during the months of July,
	216	+	5 August, or September and the member was a teacher at the
	217	+	6 end of the immediately preceding school term, credit shall
	218	+	7 be granted from July 1 of the year in which he or she
	219	+	8 entered service; if entry occurs during the school term
	220	+	9 and the teacher was in teaching service at the beginning
	221	+	10 of the school term, credit shall be granted from July 1 of
	222	+	11 such year. In all other cases where credit for military
	223	+	12 service is allowed, credit shall be granted from the date
	224	+	13 of entry into the service.
	225	+	14 The total period of military service for which credit
	226	+	15 is granted shall not exceed 5 years for any member unless
	227	+	16 the service: (A) is validated before July 1, 1964, and (B)
	228	+	17 does not extend beyond July 1, 1963. Credit for military
	229	+	18 service shall be granted under this Section only if not
	230	+	19 more than 5 years of the military service for which credit
	231	+	20 is granted under this Section is used by the member to
	232	+	21 qualify for a military retirement allotment from any
	233	+	22 branch of the armed forces of the United States. The
	234	+	23 changes to this subdivision (b)(3) made by Public Act
	235	+	24 86-272 shall apply not only to persons who on or after its
	236	+	25 effective date (August 23, 1989) are in service as a
	237	+	26 teacher under the System, but also to persons whose status
	238	+
	239	+
	240	+
	241	+
	242	+
	243	+	HB2147 Enrolled - 7 - LRB103 25501 RPS 51850 b
	244	+
	245	+
	246	+	HB2147 Enrolled- 8 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 8 - LRB103 25501 RPS 51850 b
	247	+	HB2147 Enrolled - 8 - LRB103 25501 RPS 51850 b
	248	+	1 as such a teacher terminated prior to such effective date,
	249	+	2 whether or not such person is an annuitant on that date.
	250	+	3 (4) Any periods served as a member of the General
	251	+	4 Assembly.
	252	+	5 (5)(i) Any periods for which a teacher, as defined in
	253	+	6 Section 16-106, is granted a leave of absence, provided he
	254	+	7 or she returns to teaching service creditable under this
	255	+	8 System or the State Universities Retirement System
	256	+	9 following the leave; (ii) periods during which a teacher
	257	+	10 is involuntarily laid off from teaching, provided he or
	258	+	11 she returns to teaching following the lay-off; (iii)
	259	+	12 periods prior to July 1, 1983 during which a teacher
	260	+	13 ceased covered employment due to pregnancy, provided that
	261	+	14 the teacher returned to teaching service creditable under
	262	+	15 this System or the State Universities Retirement System
	263	+	16 following the pregnancy and submits evidence satisfactory
	264	+	17 to the Board documenting that the employment ceased due to
	265	+	18 pregnancy; and (iv) periods prior to July 1, 1983 during
	266	+	19 which a teacher ceased covered employment for the purpose
	267	+	20 of adopting an infant under 3 years of age or caring for a
	268	+	21 newly adopted infant under 3 years of age, provided that
	269	+	22 the teacher returned to teaching service creditable under
	270	+	23 this System or the State Universities Retirement System
	271	+	24 following the adoption and submits evidence satisfactory
	272	+	25 to the Board documenting that the employment ceased for
	273	+	26 the purpose of adopting an infant under 3 years of age or
	274	+
	275	+
	276	+
	277	+
	278	+
	279	+	HB2147 Enrolled - 8 - LRB103 25501 RPS 51850 b
	280	+
	281	+
	282	+	HB2147 Enrolled- 9 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 9 - LRB103 25501 RPS 51850 b
	283	+	HB2147 Enrolled - 9 - LRB103 25501 RPS 51850 b
	284	+	1 caring for a newly adopted infant under 3 years of age.
	285	+	2 However, total credit under this paragraph (5) may not
	286	+	3 exceed 3 years.
	287	+	4 Any qualified member or annuitant may apply for credit
	288	+	5 under item (iii) or (iv) of this paragraph (5) without
	289	+	6 regard to whether service was terminated before the
	290	+	7 effective date of this amendatory Act of 1997. In the case
	291	+	8 of an annuitant who establishes credit under item (iii) or
	292	+	9 (iv), the annuity shall be recalculated to include the
	293	+	10 additional service credit. The increase in annuity shall
	294	+	11 take effect on the date the System receives written
	295	+	12 notification of the annuitant's intent to purchase the
	296	+	13 credit, if the required evidence is submitted and the
	297	+	14 required contribution paid within 60 days of that
	298	+	15 notification, otherwise on the first annuity payment date
	299	+	16 following the System's receipt of the required evidence
	300	+	17 and contribution. The increase in an annuity recalculated
	301	+	18 under this provision shall be included in the calculation
	302	+	19 of automatic annual increases in the annuity accruing
	303	+	20 after the effective date of the recalculation.
	304	+	21 Optional credit may be purchased under this subsection
	305	+	22 (b)(5) for periods during which a teacher has been granted
	306	+	23 a leave of absence pursuant to Section 24-13 of the School
	307	+	24 Code. A teacher whose service under this Article
	308	+	25 terminated prior to the effective date of P.A. 86-1488
	309	+	26 shall be eligible to purchase such optional credit. If a
	310	+
	311	+
	312	+
	313	+
	314	+
	315	+	HB2147 Enrolled - 9 - LRB103 25501 RPS 51850 b
	316	+
	317	+
	318	+	HB2147 Enrolled- 10 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 10 - LRB103 25501 RPS 51850 b
	319	+	HB2147 Enrolled - 10 - LRB103 25501 RPS 51850 b
	320	+	1 teacher who purchases this optional credit is already
	321	+	2 receiving a retirement annuity under this Article, the
	322	+	3 annuity shall be recalculated as if the annuitant had
	323	+	4 applied for the leave of absence credit at the time of
	324	+	5 retirement. The difference between the entitled annuity
	325	+	6 and the actual annuity shall be credited to the purchase
	326	+	7 of the optional credit. The remainder of the purchase cost
	327	+	8 of the optional credit shall be paid on or before April 1,
	328	+	9 1992.
	329	+	10 The change in this paragraph made by Public Act 86-273
	330	+	11 shall be applicable to teachers who retire after June 1,
	331	+	12 1989, as well as to teachers who are in service on that
	332	+	13 date.
	333	+	14 (6) Any days of unused and uncompensated accumulated
	334	+	15 sick leave earned by a teacher. The service credit granted
	335	+	16 under this paragraph shall be the ratio of the number of
	336	+	17 unused and uncompensated accumulated sick leave days to
	337	+	18 170 days, subject to a maximum of 2 years of service
	338	+	19 credit. Prior to the member's retirement, each former
	339	+	20 employer shall certify to the System the number of unused
	340	+	21 and uncompensated accumulated sick leave days credited to
	341	+	22 the member at the time of termination of service. The
	342	+	23 period of unused sick leave shall not be considered in
	343	+	24 determining the effective date of retirement. A member is
	344	+	25 not required to make contributions in order to obtain
	345	+	26 service credit for unused sick leave.
	346	+
	347	+
	348	+
	349	+
	350	+
	351	+	HB2147 Enrolled - 10 - LRB103 25501 RPS 51850 b
	352	+
	353	+
	354	+	HB2147 Enrolled- 11 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 11 - LRB103 25501 RPS 51850 b
	355	+	HB2147 Enrolled - 11 - LRB103 25501 RPS 51850 b
	356	+	1 Credit for sick leave shall, at retirement, be granted
	357	+	2 by the System for any retiring regional or assistant
	358	+	3 regional superintendent of schools at the rate of 6 days
	359	+	4 per year of creditable service or portion thereof
	360	+	5 established while serving as such superintendent or
	361	+	6 assistant superintendent.
	362	+	7 (7) Periods prior to February 1, 1987 served as an
	363	+	8 employee of the Illinois Mathematics and Science Academy
	364	+	9 for which credit has not been terminated under Section
	365	+	10 15-113.9 of this Code.
	366	+	11 (8) Service as a substitute teacher for work performed
	367	+	12 prior to July 1, 1990.
	368	+	13 (9) Service as a part-time teacher for work performed
	369	+	14 prior to July 1, 1990.
	370	+	15 (10) Up to 2 years of employment with Southern
	371	+	16 Illinois University - Carbondale from September 1, 1959 to
	372	+	17 August 31, 1961, or with Governors State University from
	373	+	18 September 1, 1972 to August 31, 1974, for which the
	374	+	19 teacher has no credit under Article 15. To receive credit
	375	+	20 under this item (10), a teacher must apply in writing to
	376	+	21 the Board and pay the required contributions before May 1,
	377	+	22 1993 and have at least 12 years of service credit under
	378	+	23 this Article.
	379	+	24 (11) Periods of service as a student teacher as
	380	+	25 described in Section 24-8.5 of the School Code for which
	381	+	26 the student teacher received a salary.
	382	+
	383	+
	384	+
	385	+
	386	+
	387	+	HB2147 Enrolled - 11 - LRB103 25501 RPS 51850 b
	388	+
	389	+
	390	+	HB2147 Enrolled- 12 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 12 - LRB103 25501 RPS 51850 b
	391	+	HB2147 Enrolled - 12 - LRB103 25501 RPS 51850 b
	392	+	1 (b-1) A member may establish optional credit for up to 2
	393	+	2 years of service as a teacher or administrator employed by a
	394	+	3 private school recognized by the Illinois State Board of
	395	+	4 Education, provided that the teacher (i) was certified under
	396	+	5 the law governing the certification of teachers at the time
	397	+	6 the service was rendered, (ii) applies in writing on or before
	398	+	7 June 30, 2023, (iii) supplies satisfactory evidence of the
	399	+	8 employment, (iv) completes at least 10 years of contributing
	400	+	9 service as a teacher as defined in Section 16-106, and (v) pays
	401	+	10 the contribution required in subsection (d-5) of Section
	402	+	11 16-128. The member may apply for credit under this subsection
	403	+	12 and pay the required contribution before completing the 10
	404	+	13 years of contributing service required under item (iv), but
	405	+	14 the credit may not be used until the item (iv) contributing
	406	+	15 service requirement has been met.
	407	+	16 (c) The service credits specified in this Section shall be
	408	+	17 granted only if: (1) such service credits are not used for
	409	+	18 credit in any other statutory tax-supported public employee
	410	+	19 retirement system other than the federal Social Security
	411	+	20 program; and (2) the member makes the required contributions
	412	+	21 as specified in Section 16-128. Except as provided in
	413	+	22 subsection (b-1) of this Section, the service credit shall be
	414	+	23 effective as of the date the required contributions are
	415	+	24 completed.
	416	+	25 Any service credits granted under this Section shall
	417	+	26 terminate upon cessation of membership for any cause.
	418	+
	419	+
	420	+
	421	+
	422	+
	423	+	HB2147 Enrolled - 12 - LRB103 25501 RPS 51850 b
	424	+
	425	+
	426	+	HB2147 Enrolled- 13 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 13 - LRB103 25501 RPS 51850 b
	427	+	HB2147 Enrolled - 13 - LRB103 25501 RPS 51850 b
	428	+	1 Credit may not be granted under this Section covering any
	429	+	2 period for which an age retirement or disability retirement
	430	+	3 allowance has been paid.
	431	+	4 Credit may not be granted under this Section for service
	432	+	5 as an employee of an entity that provides substitute teaching
	433	+	6 services under Section 2-3.173 of the School Code and is not a
	434	+	7 school district.
	435	+	8 (Source: P.A. 102-525, eff. 8-20-21.)
	436	+	9 (40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
	437	+	10 Sec. 16-132. Retirement annuity eligibility. A member who
	438	+	11 has at least 20 years of creditable service is entitled to a
	439	+	12 retirement annuity upon or after attainment of age 55. A
	440	+	13 member who has at least 10 but less than 20 years of creditable
	441	+	14 service is entitled to a retirement annuity upon or after
	442	+	15 attainment of age 60. A member who has at least 5 but less than
	443	+	16 10 years of creditable service is entitled to a retirement
	444	+	17 annuity upon or after attainment of age 62. A member who (i)
	445	+	18 has earned during the period immediately preceding the last
	446	+	19 day of service at least one year of contributing creditable
	447	+	20 service as an employee of a department as defined in Section
	448	+	21 14-103.04, (ii) has earned at least 5 years of contributing
	449	+	22 creditable service as an employee of a department as defined
	450	+	23 in Section 14-103.04, and (iii) retires on or after January 1,
	451	+	24 2001 is entitled to a retirement annuity upon or after
	452	+	25 attainment of an age which, when added to the number of years
	453	+
	454	+
	455	+
	456	+
	457	+
	458	+	HB2147 Enrolled - 13 - LRB103 25501 RPS 51850 b
	459	+
	460	+
	461	+	HB2147 Enrolled- 14 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 14 - LRB103 25501 RPS 51850 b
	462	+	HB2147 Enrolled - 14 - LRB103 25501 RPS 51850 b
	463	+	1 of his or her total creditable service, equals at least 85.
	464	+	2 Portions of years shall be counted as decimal equivalents.
	465	+	3 A member who is eligible to receive a retirement annuity
	466	+	4 of at least 74.6% of final average salary and will attain age
	467	+	5 55 on or before December 31 during the year which commences on
	468	+	6 July 1 shall be deemed to attain age 55 on the preceding June
	469	+	7 1.
	470	+	8 A member meeting the above eligibility conditions is
	471	+	9 entitled to a retirement annuity upon written application to
	472	+	10 the board setting forth the date the member wishes the
	473	+	11 retirement annuity to commence. However, the effective date of
	474	+	12 the retirement annuity shall be no earlier than the day
	475	+	13 following the last day of creditable service, regardless of
	476	+	14 the date of official termination of employment; however, upon
	477	+	15 written application within 6 months after the effective date
	478	+	16 of this amendatory Act of the 103rd General Assembly by a
	479	+	17 member or annuitant, the creditable service and earnings
	480	+	18 received in the last fiscal year of employment may be
	481	+	19 disregarded when determining the retirement effective date and
	482	+	20 the retirement benefit except that the effective date of a
	483	+	21 retirement annuity may be after the date of official
	484	+	22 termination of employment as long as such employment is for
	485	+	23 (1) less than 10 days in length; and (2) less than $2,500
	486	+	24 $2,000 in creditable earnings; and (3) the last fiscal year of
	487	+	25 employment includes only a fiscal year beginning on or after
	488	+	26 July 1, 2016 and ending before June 30,2023 compensation. The
	489	+
	490	+
	491	+
	492	+
	493	+
	494	+	HB2147 Enrolled - 14 - LRB103 25501 RPS 51850 b
	495	+
	496	+
	497	+	HB2147 Enrolled- 15 -LRB103 25501 RPS 51850 b HB2147 Enrolled - 15 - LRB103 25501 RPS 51850 b
	498	+	HB2147 Enrolled - 15 - LRB103 25501 RPS 51850 b
	499	+	1 retirement effective date may not, as a result of the
	500	+	2 application of this amendatory Act of the 103rd General
	501	+	3 Assembly, be earlier than July 1, 2016.
	502	+	4 To be eligible for a retirement annuity, a member shall
	503	+	5 not be employed as a teacher in the schools included under this
	504	+	6 System or under Article 17, except (i) as provided in Section
	505	+	7 16-118 or 16-150.1, (ii) if the member is disabled (in which
	506	+	8 event, eligibility for salary must cease), or (iii) if the
	507	+	9 System is required by federal law to commence payment due to
	508	+	10 the member's age; the changes to this sentence made by this
	509	+	11 amendatory Act of the 93rd General Assembly apply without
	510	+	12 regard to whether the member terminated employment before or
	511	+	13 after its effective date.
	512	+	14 (Source: P.A. 102-871, eff. 5-13-22.)
	513	+	15 Section 99. Effective date. This Act takes effect upon
	514	+	16 becoming law.
	515	+
	516	+
	517	+
	518	+
	519	+
	520	+	HB2147 Enrolled - 15 - LRB103 25501 RPS 51850 b