103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3492 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-150.1 Amends the Downstate Teacher Article of the Illinois Pension Code. In the provision defining "eligible employment" for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, removes a provision requiring the ending date of the employment to be no later than June 30, 2024. LRB103 30346 RPS 56776 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3492 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-150.1 40 ILCS 5/16-150.1 Amends the Downstate Teacher Article of the Illinois Pension Code. In the provision defining "eligible employment" for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, removes a provision requiring the ending date of the employment to be no later than June 30, 2024. LRB103 30346 RPS 56776 b LRB103 30346 RPS 56776 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3492 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
40 ILCS 5/16-150.1 40 ILCS 5/16-150.1
40 ILCS 5/16-150.1
Amends the Downstate Teacher Article of the Illinois Pension Code. In the provision defining "eligible employment" for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, removes a provision requiring the ending date of the employment to be no later than June 30, 2024.
LRB103 30346 RPS 56776 b LRB103 30346 RPS 56776 b
LRB103 30346 RPS 56776 b
A BILL FOR
HB3492LRB103 30346 RPS 56776 b HB3492 LRB103 30346 RPS 56776 b
HB3492 LRB103 30346 RPS 56776 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Section 16-150.1 as follows:
6 (40 ILCS 5/16-150.1)
7 Sec. 16-150.1. Return to teaching in subject shortage
8 area.
9 (a) As used in this Section, "eligible employment" means
10 employment beginning on or after July 1, 2003 and ending no
11 later than June 30, 2024, in a subject shortage area at a
12 qualified school, in a position requiring certification under
13 the law governing the certification of teachers.
14 As used in this Section, "qualified school" means a public
15 elementary or secondary school that meets all of the following
16 requirements:
17 (1) At the time of hiring a retired teacher under this
18 Section, the school is experiencing a shortage of teachers
19 in the subject shortage area for which the teacher is
20 hired.
21 (2) The school district to which the school belongs
22 has complied with the requirements of subsection (e), and
23 the regional superintendent has certified that compliance
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3492 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
40 ILCS 5/16-150.1 40 ILCS 5/16-150.1
40 ILCS 5/16-150.1
Amends the Downstate Teacher Article of the Illinois Pension Code. In the provision defining "eligible employment" for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, removes a provision requiring the ending date of the employment to be no later than June 30, 2024.
LRB103 30346 RPS 56776 b LRB103 30346 RPS 56776 b
LRB103 30346 RPS 56776 b
A BILL FOR
40 ILCS 5/16-150.1
LRB103 30346 RPS 56776 b
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1 to the System.
2 (3) If the school district to which the school belongs
3 provides group health benefits for its teachers generally,
4 substantially similar health benefits are made available
5 for teachers participating in the program under this
6 Section, without any limitations based on pre-existing
7 conditions.
8 (b) An annuitant receiving a retirement annuity under this
9 Article (other than a disability retirement annuity) may
10 engage in eligible employment at a qualified school without
11 impairing his or her retirement status or retirement annuity,
12 subject to the following conditions:
13 (1) the eligible employment does not begin within the
14 school year during which service was terminated;
15 (2) the annuitant has not received any early
16 retirement incentive under Section 16-133.3, 16-133.4, or
17 16-133.5;
18 (3) if the annuitant retired before age 60 and with
19 less than 34 years of service, the eligible employment
20 does not begin within the year following the effective
21 date of the retirement annuity;
22 (4) if the annuitant retired at age 60 or above or with
23 34 or more years of service, the eligible employment does
24 not begin within the 90 days following the effective date
25 of the retirement annuity; and
26 (5) before the eligible employment begins, the
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1 employer notifies the System in writing of the annuitant's
2 desire to participate in the program established under
3 this Section.
4 (c) An annuitant engaged in eligible employment in
5 accordance with subsection (b) shall be deemed a participant
6 in the program established under this Section for so long as he
7 or she remains employed in eligible employment.
8 (d) A participant in the program established under this
9 Section continues to be a retirement annuitant, rather than an
10 active teacher, for all of the purposes of this Code, but shall
11 be deemed an active teacher for other purposes, such as
12 inclusion in a collective bargaining unit, eligibility for
13 group health benefits, and compliance with the laws governing
14 the employment, regulation, certification, treatment, and
15 conduct of teachers.
16 With respect to an annuitant's eligible employment under
17 this Section, neither employee nor employer contributions
18 shall be made to the System and no additional service credit
19 shall be earned. Eligible employment does not affect the
20 annuitant's final average salary or the amount of the
21 retirement annuity.
22 (e) Before hiring a teacher under this Section, the school
23 district to which the school belongs must do the following:
24 (1) If the school district to which the school belongs
25 has honorably dismissed, within the calendar year
26 preceding the beginning of the school term for which it
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1 seeks to employ a retired teacher under the program
2 established in this Section, any teachers who are legally
3 qualified to hold positions in the subject shortage area
4 and have not yet begun to receive their retirement
5 annuities under this Article, the vacant positions must
6 first be tendered to those teachers.
7 (2) For a period of at least 90 days during the 6
8 months preceding the beginning of either the fall or
9 spring term for which it seeks to employ a retired teacher
10 under the program established in this Section, the school
11 district must, on an ongoing basis, (i) advertise its
12 vacancies in the subject shortage area in employment
13 bulletins published by college and university placement
14 offices located near the school; (ii) search for teachers
15 legally qualified to fill those vacancies through the
16 Illinois Education Job Bank; and (iii) post all vacancies
17 on the school district's website and list the vacancy in
18 an online job portal or database.
19 A school district replacing a teacher who is unable to
20 continue employment with the school district because of
21 documented illness, injury, or disability that occurred after
22 being hired by a school district under this Section shall be
23 exempt from the provisions of paragraph (2) for 90 school
24 days. However, the school district must on an ongoing basis
25 comply with items (i), (ii), and (iii) of paragraph (2).
26 The school district must submit documentation of its
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1 compliance with this subsection to the regional
2 superintendent. Upon receiving satisfactory documentation from
3 the school district, the regional superintendent shall certify
4 the district's compliance with this subsection to the System.
5 (f) This Section applies without regard to whether the
6 annuitant was in service on or after the effective date of this
7 amendatory Act of the 93rd General Assembly.
8 (Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.)
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