Illinois 2023-2024 Regular Session

Illinois House Bill HB3492 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	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
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3492 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/16-150.1 40 ILCS 5/16-150.1
4	4	40 ILCS 5/16-150.1
5	5	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.
6	6	LRB103 30346 RPS 56776 b LRB103 30346 RPS 56776 b
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8	8	A BILL FOR
9	9	HB3492LRB103 30346 RPS 56776 b HB3492 LRB103 30346 RPS 56776 b
10	10	HB3492 LRB103 30346 RPS 56776 b
11	11	1 AN ACT concerning public employee benefits.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Pension Code is amended by
15	15	5 changing Section 16-150.1 as follows:
16	16	6 (40 ILCS 5/16-150.1)
17	17	7 Sec. 16-150.1. Return to teaching in subject shortage
18	18	8 area.
19	19	9 (a) As used in this Section, "eligible employment" means
20	20	10 employment beginning on or after July 1, 2003 and ending no
21	21	11 later than June 30, 2024, in a subject shortage area at a
22	22	12 qualified school, in a position requiring certification under
23	23	13 the law governing the certification of teachers.
24	24	14 As used in this Section, "qualified school" means a public
25	25	15 elementary or secondary school that meets all of the following
26	26	16 requirements:
27	27	17 (1) At the time of hiring a retired teacher under this
28	28	18 Section, the school is experiencing a shortage of teachers
29	29	19 in the subject shortage area for which the teacher is
30	30	20 hired.
31	31	21 (2) The school district to which the school belongs
32	32	22 has complied with the requirements of subsection (e), and
33	33	23 the regional superintendent has certified that compliance
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3492 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED:
38	38	40 ILCS 5/16-150.1 40 ILCS 5/16-150.1
39	39	40 ILCS 5/16-150.1
40	40	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.
41	41	LRB103 30346 RPS 56776 b LRB103 30346 RPS 56776 b
42	42	LRB103 30346 RPS 56776 b
43	43	A BILL FOR
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49	49	40 ILCS 5/16-150.1
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68	68	1 to the System.
69	69	2 (3) If the school district to which the school belongs
70	70	3 provides group health benefits for its teachers generally,
71	71	4 substantially similar health benefits are made available
72	72	5 for teachers participating in the program under this
73	73	6 Section, without any limitations based on pre-existing
74	74	7 conditions.
75	75	8 (b) An annuitant receiving a retirement annuity under this
76	76	9 Article (other than a disability retirement annuity) may
77	77	10 engage in eligible employment at a qualified school without
78	78	11 impairing his or her retirement status or retirement annuity,
79	79	12 subject to the following conditions:
80	80	13 (1) the eligible employment does not begin within the
81	81	14 school year during which service was terminated;
82	82	15 (2) the annuitant has not received any early
83	83	16 retirement incentive under Section 16-133.3, 16-133.4, or
84	84	17 16-133.5;
85	85	18 (3) if the annuitant retired before age 60 and with
86	86	19 less than 34 years of service, the eligible employment
87	87	20 does not begin within the year following the effective
88	88	21 date of the retirement annuity;
89	89	22 (4) if the annuitant retired at age 60 or above or with
90	90	23 34 or more years of service, the eligible employment does
91	91	24 not begin within the 90 days following the effective date
92	92	25 of the retirement annuity; and
93	93	26 (5) before the eligible employment begins, the
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104	104	1 employer notifies the System in writing of the annuitant's
105	105	2 desire to participate in the program established under
106	106	3 this Section.
107	107	4 (c) An annuitant engaged in eligible employment in
108	108	5 accordance with subsection (b) shall be deemed a participant
109	109	6 in the program established under this Section for so long as he
110	110	7 or she remains employed in eligible employment.
111	111	8 (d) A participant in the program established under this
112	112	9 Section continues to be a retirement annuitant, rather than an
113	113	10 active teacher, for all of the purposes of this Code, but shall
114	114	11 be deemed an active teacher for other purposes, such as
115	115	12 inclusion in a collective bargaining unit, eligibility for
116	116	13 group health benefits, and compliance with the laws governing
117	117	14 the employment, regulation, certification, treatment, and
118	118	15 conduct of teachers.
119	119	16 With respect to an annuitant's eligible employment under
120	120	17 this Section, neither employee nor employer contributions
121	121	18 shall be made to the System and no additional service credit
122	122	19 shall be earned. Eligible employment does not affect the
123	123	20 annuitant's final average salary or the amount of the
124	124	21 retirement annuity.
125	125	22 (e) Before hiring a teacher under this Section, the school
126	126	23 district to which the school belongs must do the following:
127	127	24 (1) If the school district to which the school belongs
128	128	25 has honorably dismissed, within the calendar year
129	129	26 preceding the beginning of the school term for which it
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140	140	1 seeks to employ a retired teacher under the program
141	141	2 established in this Section, any teachers who are legally
142	142	3 qualified to hold positions in the subject shortage area
143	143	4 and have not yet begun to receive their retirement
144	144	5 annuities under this Article, the vacant positions must
145	145	6 first be tendered to those teachers.
146	146	7 (2) For a period of at least 90 days during the 6
147	147	8 months preceding the beginning of either the fall or
148	148	9 spring term for which it seeks to employ a retired teacher
149	149	10 under the program established in this Section, the school
150	150	11 district must, on an ongoing basis, (i) advertise its
151	151	12 vacancies in the subject shortage area in employment
152	152	13 bulletins published by college and university placement
153	153	14 offices located near the school; (ii) search for teachers
154	154	15 legally qualified to fill those vacancies through the
155	155	16 Illinois Education Job Bank; and (iii) post all vacancies
156	156	17 on the school district's website and list the vacancy in
157	157	18 an online job portal or database.
158	158	19 A school district replacing a teacher who is unable to
159	159	20 continue employment with the school district because of
160	160	21 documented illness, injury, or disability that occurred after
161	161	22 being hired by a school district under this Section shall be
162	162	23 exempt from the provisions of paragraph (2) for 90 school
163	163	24 days. However, the school district must on an ongoing basis
164	164	25 comply with items (i), (ii), and (iii) of paragraph (2).
165	165	26 The school district must submit documentation of its
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176	176	1 compliance with this subsection to the regional
177	177	2 superintendent. Upon receiving satisfactory documentation from
178	178	3 the school district, the regional superintendent shall certify
179	179	4 the district's compliance with this subsection to the System.
180	180	5 (f) This Section applies without regard to whether the
181	181	6 annuitant was in service on or after the effective date of this
182	182	7 amendatory Act of the 93rd General Assembly.
183	183	8 (Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.)
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