Illinois 2023-2024 Regular Session

Illinois House Bill HB3432 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3432 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-128.5 new40 ILCS 5/16-203 Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately. LRB103 28268 RPS 54647 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3432 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-128.5 new40 ILCS 5/16-203 40 ILCS 5/16-128.5 new 40 ILCS 5/16-203 Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately. LRB103 28268 RPS 54647 b LRB103 28268 RPS 54647 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3432 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
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66 Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.
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1212 1 AN ACT concerning public employee benefits.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Pension Code is amended by adding
1616 5 Section 16-128.5 and by amending Section 16-203 as follows:
1717 6 (40 ILCS 5/16-128.5 new)
1818 7 Sec. 16-128.5. Additional service credit for service
1919 8 during the COVID-19 public health emergency. A teacher who
2020 9 served as a teacher during the public health emergency
2121 10 declared by the Governor related to the COVID-19 pandemic
2222 11 shall receive one additional day of service credit for each
2323 12 day of service credit earned during that period,
2424 13 notwithstanding any limitation on the amount of service credit
2525 14 that may be earned in a single year. Service credit under this
2626 15 Section shall be granted without any additional employee or
2727 16 employer contribution.
2828 17 (40 ILCS 5/16-203)
2929 18 Sec. 16-203. Application and expiration of new benefit
3030 19 increases.
3131 20 (a) As used in this Section, "new benefit increase" means
3232 21 an increase in the amount of any benefit provided under this
3333 22 Article, or an expansion of the conditions of eligibility for
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3432 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
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4141 Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.
4242 LRB103 28268 RPS 54647 b LRB103 28268 RPS 54647 b
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7070 1 any benefit under this Article, that results from an amendment
7171 2 to this Code that takes effect after June 1, 2005 (the
7272 3 effective date of Public Act 94-4). "New benefit increase",
7373 4 however, does not include any benefit increase resulting from
7474 5 the changes made to Article 1 or this Article by Public Act
7575 6 95-910, Public Act 100-23, Public Act 100-587, Public Act
7676 7 100-743, Public Act 100-769, Public Act 101-10, Public Act
7777 8 101-49, Public Act 102-16, Public Act 102-871, or this
7878 9 amendatory Act of the 103rd General Assembly Public Act 102-16
7979 10 this amendatory Act of the 102nd General Assembly.
8080 11 (b) Notwithstanding any other provision of this Code or
8181 12 any subsequent amendment to this Code, every new benefit
8282 13 increase is subject to this Section and shall be deemed to be
8383 14 granted only in conformance with and contingent upon
8484 15 compliance with the provisions of this Section.
8585 16 (c) The Public Act enacting a new benefit increase must
8686 17 identify and provide for payment to the System of additional
8787 18 funding at least sufficient to fund the resulting annual
8888 19 increase in cost to the System as it accrues.
8989 20 Every new benefit increase is contingent upon the General
9090 21 Assembly providing the additional funding required under this
9191 22 subsection. The Commission on Government Forecasting and
9292 23 Accountability shall analyze whether adequate additional
9393 24 funding has been provided for the new benefit increase and
9494 25 shall report its analysis to the Public Pension Division of
9595 26 the Department of Insurance. A new benefit increase created by
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106106 1 a Public Act that does not include the additional funding
107107 2 required under this subsection is null and void. If the Public
108108 3 Pension Division determines that the additional funding
109109 4 provided for a new benefit increase under this subsection is
110110 5 or has become inadequate, it may so certify to the Governor and
111111 6 the State Comptroller and, in the absence of corrective action
112112 7 by the General Assembly, the new benefit increase shall expire
113113 8 at the end of the fiscal year in which the certification is
114114 9 made.
115115 10 (d) Every new benefit increase shall expire 5 years after
116116 11 its effective date or on such earlier date as may be specified
117117 12 in the language enacting the new benefit increase or provided
118118 13 under subsection (c). This does not prevent the General
119119 14 Assembly from extending or re-creating a new benefit increase
120120 15 by law.
121121 16 (e) Except as otherwise provided in the language creating
122122 17 the new benefit increase, a new benefit increase that expires
123123 18 under this Section continues to apply to persons who applied
124124 19 and qualified for the affected benefit while the new benefit
125125 20 increase was in effect and to the affected beneficiaries and
126126 21 alternate payees of such persons, but does not apply to any
127127 22 other person, including, without limitation, a person who
128128 23 continues in service after the expiration date and did not
129129 24 apply and qualify for the affected benefit while the new
130130 25 benefit increase was in effect.
131131 26 (Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;
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142142 1 101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.
143143 2 8-20-21; 102-813, eff. 5-13-22; 102-871, eff. 5-13-22; revised
144144 3 7-26-22.)
145145 4 Section 99. Effective date. This Act takes effect upon
146146 5 becoming law.
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