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Illinois Senate Bill SB2366

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2366 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2366 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.47 new Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that a service retirement pensioner employed under a provision concerning subject shortage areas shall have deducted from the service retirement pensioner's salary an amount equal to 9% of that salary, which shall be contributed to the Fund as a sustainability contribution. Provides that the service retirement pensioner shall not earn service credit during that re-employment, and the service retirement pension benefit shall not be recalculated. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 28813 RPS 55198 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2366 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.47 new 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.47 new Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that a service retirement pensioner employed under a provision concerning subject shortage areas shall have deducted from the service retirement pensioner's salary an amount equal to 9% of that salary, which shall be contributed to the Fund as a sustainability contribution. Provides that the service retirement pensioner shall not earn service credit during that re-employment, and the service retirement pension benefit shall not be recalculated. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB103 28813 RPS 55198 b LRB103 28813 RPS 55198 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2366 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.47 new 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.47 new
44 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149
55 30 ILCS 805/8.47 new
66 Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that a service retirement pensioner employed under a provision concerning subject shortage areas shall have deducted from the service retirement pensioner's salary an amount equal to 9% of that salary, which shall be contributed to the Fund as a sustainability contribution. Provides that the service retirement pensioner shall not earn service credit during that re-employment, and the service retirement pension benefit shall not be recalculated. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
77 LRB103 28813 RPS 55198 b LRB103 28813 RPS 55198 b
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99 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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1414 1 AN ACT concerning public employee benefits.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Pension Code is amended by
1818 5 changing Section 17-149 as follows:
1919 6 (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
2020 7 Sec. 17-149. Cancellation of pensions.
2121 8 (a) If any person receiving a disability retirement
2222 9 pension from the Fund is re-employed as a teacher by an
2323 10 Employer, the pension shall be cancelled on the date the
2424 11 re-employment begins, or on the first day of a payroll period
2525 12 for which service credit was validated, whichever is earlier.
2626 13 (b) If any person receiving a service retirement pension
2727 14 from the Fund is re-employed as a teacher on a permanent or
2828 15 annual basis by an Employer, the pension shall be cancelled on
2929 16 the date the re-employment begins, or on the first day of a
3030 17 payroll period for which service credit was validated,
3131 18 whichever is earlier. However, subject to the limitations and
3232 19 requirements of subsection subsections (c-5) or (c-10), (c-6),
3333 20 and (c-7), or (c-10), the pension shall not be cancelled in the
3434 21 case of a service retirement pensioner who is re-employed on a
3535 22 temporary and non-annual basis or on an hourly basis.
3636 23 (c) If the date of re-employment on a permanent or annual
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2366 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
4141 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.47 new 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.47 new
4242 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149
4343 30 ILCS 805/8.47 new
4444 Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that a service retirement pensioner employed under a provision concerning subject shortage areas shall have deducted from the service retirement pensioner's salary an amount equal to 9% of that salary, which shall be contributed to the Fund as a sustainability contribution. Provides that the service retirement pensioner shall not earn service credit during that re-employment, and the service retirement pension benefit shall not be recalculated. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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4747 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
4848 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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7979 1 basis occurs within 5 school months after the date of previous
8080 2 retirement, exclusive of any vacation period, the member shall
8181 3 be deemed to have been out of service only temporarily and not
8282 4 permanently retired. Such person shall be entitled to pension
8383 5 payments for the time he could have been employed as a teacher
8484 6 and received salary, but shall not be entitled to pension for
8585 7 or during the summer vacation prior to his return to service.
8686 8 When the member again retires on pension, the time of
8787 9 service and the money contributed by him during re-employment
8888 10 shall be added to the time and money previously credited. Such
8989 11 person must acquire 3 consecutive years of additional
9090 12 contributing service before he may retire again on a pension
9191 13 at a rate and under conditions other than those in force or
9292 14 attained at the time of his previous retirement.
9393 15 (c-5) For school years beginning on or after July 1, 2019
9494 16 and before July 1, 2022, the service retirement pension shall
9595 17 not be cancelled in the case of a service retirement pensioner
9696 18 who is re-employed as a teacher on a temporary and non-annual
9797 19 basis or on an hourly basis, so long as the person (1) does not
9898 20 work as a teacher for compensation on more than 120 days in a
9999 21 school year or (2) does not accept gross compensation for the
100100 22 re-employment in a school year in excess of (i) $30,000 or (ii)
101101 23 in the case of a person who retires with at least 5 years of
102102 24 service as a principal, an amount that is equal to the daily
103103 25 rate normally paid to retired principals multiplied by 100.
104104 26 These limitations apply only to school years that begin on or
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115115 1 after July 1, 2019 and before July 1, 2022. Such re-employment
116116 2 does not require contributions, result in service credit, or
117117 3 constitute active membership in the Fund.
118118 4 The service retirement pension shall not be cancelled in
119119 5 the case of a service retirement pensioner who is re-employed
120120 6 as a teacher on a temporary and non-annual basis or on an
121121 7 hourly basis, so long as the person (1) does not work as a
122122 8 teacher for compensation on more than 100 days in a school year
123123 9 or (2) does not accept gross compensation for the
124124 10 re-employment in a school year in excess of (i) $30,000 or (ii)
125125 11 in the case of a person who retires with at least 5 years of
126126 12 service as a principal, an amount that is equal to the daily
127127 13 rate normally paid to retired principals multiplied by 100.
128128 14 These limitations apply only to school years that begin on or
129129 15 after August 8, 2012 (the effective date of Public Act 97-912)
130130 16 and before July 1, 2019. Such re-employment does not require
131131 17 contributions, result in service credit, or constitute active
132132 18 membership in the Fund.
133133 19 Notwithstanding the 120-day limit set forth in item (1) of
134134 20 this subsection (c-5), the service retirement pension shall
135135 21 not be cancelled in the case of a service retirement pensioner
136136 22 who teaches only driver education courses after regular school
137137 23 hours and does not teach any other subject area, so long as the
138138 24 person does not work as a teacher for compensation for more
139139 25 than 900 hours in a school year. The $30,000 limit set forth in
140140 26 subitem (i) of item (2) of this subsection (c-5) shall apply to
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151151 1 a service retirement pensioner who teaches only driver
152152 2 education courses after regular school hours and does not
153153 3 teach any other subject area.
154154 4 To be eligible for such re-employment without cancellation
155155 5 of pension, the pensioner must notify the Fund and the Board of
156156 6 Education of his or her intention to accept re-employment
157157 7 under this subsection (c-5) before beginning that
158158 8 re-employment (or if the re-employment began before August 8,
159159 9 2012 (the effective date of Public Act 97-912) this amendatory
160160 10 Act, then within 30 days after that effective date).
161161 11 An Employer must certify to the Fund the temporary and
162162 12 non-annual or hourly status and the compensation of each
163163 13 pensioner re-employed under this subsection at least
164164 14 quarterly, and when the pensioner is approaching the earnings
165165 15 limitation under this subsection.
166166 16 If the pensioner works more than 100 days or accepts
167167 17 excess gross compensation for such re-employment in any school
168168 18 year that begins on or after August 8, 2012 (the effective date
169169 19 of Public Act 97-912), the service retirement pension shall
170170 20 thereupon be cancelled.
171171 21 If the pensioner who only teaches drivers education
172172 22 courses after regular school hours works more than 900 hours
173173 23 or accepts excess gross compensation for such re-employment in
174174 24 any school year that begins on or after August 12, 2016 (the
175175 25 effective date of Public Act 99-786) this amendatory Act of
176176 26 the 99th General Assembly, the service retirement pension
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187187 1 shall thereupon be cancelled.
188188 2 If the pensioner works more than 120 days or accepts
189189 3 excess gross compensation for such re-employment in any school
190190 4 year that begins on or after July 1, 2019, the service
191191 5 retirement pension shall thereupon be cancelled.
192192 6 The Board of the Fund shall adopt rules for the
193193 7 implementation and administration of this subsection.
194194 8 (c-6) For school years beginning on or after July 1, 2022
195195 9 and before July 1, 2024, the service retirement pension shall
196196 10 not be cancelled in the case of a service retirement pensioner
197197 11 who is re-employed as a teacher or an administrator on a
198198 12 temporary and non-annual basis or on an hourly basis bases, so
199199 13 long as the person does not work as a teacher or an
200200 14 administrator for compensation on more than 140 days in a
201201 15 school year. Such re-employment does not require
202202 16 contributions, result in service credit, or constitute active
203203 17 membership in the Fund.
204204 18 (c-7) For school years beginning on or after July 1, 2024,
205205 19 the service retirement pension shall not be cancelled in the
206206 20 case of a service retirement pensioner who is re-employed as a
207207 21 teacher or an administrator on a temporary and non-annual
208208 22 basis or on an hourly basis, so long as the person does not
209209 23 work as a teacher or an administrator for compensation on more
210210 24 than 120 days in a school year. Such re-employment does not
211211 25 require contributions, result in service credit, or constitute
212212 26 active membership in the Fund.
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223223 1 (c-10) Until June 30, 2024, the service retirement pension
224224 2 of a service retirement pensioner shall not be cancelled if
225225 3 the service retirement pensioner is employed in a subject
226226 4 shortage area and the Employer that is employing the service
227227 5 retirement pensioner meets the following requirements:
228228 6 (1) If the Employer has honorably dismissed, within
229229 7 the calendar year preceding the beginning of the school
230230 8 term for which it seeks to employ a service retirement
231231 9 pensioner under this subsection, any teachers who are
232232 10 legally qualified to hold positions in the subject
233233 11 shortage area and have not yet begun to receive their
234234 12 service retirement pensions under this Article, the vacant
235235 13 positions must first be tendered to those teachers.
236236 14 (2) For a period of at least 90 days during the 6
237237 15 months preceding the beginning of either the fall or
238238 16 spring term for which it seeks to employ a service
239239 17 retirement pensioner under this subsection, the Employer
240240 18 must, on an ongoing basis, (i) advertise its vacancies in
241241 19 the subject shortage area in employment bulletins
242242 20 published by college and university placement offices
243243 21 located near the school; (ii) search for teachers legally
244244 22 qualified to fill those vacancies through the Illinois
245245 23 Education Job Bank; and (iii) post all vacancies on the
246246 24 Employer's website and list the vacancy in an online job
247247 25 portal or database.
248248 26 (3) A service retirement pensioner employed under this
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259259 1 subsection shall have deducted from the service retirement
260260 2 pensioner's salary an amount equal to 9% of that salary,
261261 3 which shall be contributed to the Fund as a sustainability
262262 4 contribution. The service retirement pensioner shall not
263263 5 earn service credit during that re-employment, and the
264264 6 service retirement pension benefit shall not be
265265 7 recalculated.
266266 8 An Employer of a teacher who is unable to continue
267267 9 employment with the Employer because of documented illness,
268268 10 injury, or disability that occurred after being hired by the
269269 11 Employer under this subsection is exempt from the provisions
270270 12 of paragraph (2) for 90 school days. However, the Employer
271271 13 must on an ongoing basis comply with items (i), (ii), and (iii)
272272 14 of paragraph (2).
273273 15 The Employer must submit documentation of its compliance
274274 16 with this subsection to the regional superintendent. Upon
275275 17 receiving satisfactory documentation from the Employer, the
276276 18 regional superintendent shall certify the Employer's
277277 19 compliance with this subsection to the Fund.
278278 20 (d) Notwithstanding Sections 1-103.1 and 17-157, the
279279 21 changes to this Section made by Public Act 90-32 apply without
280280 22 regard to whether termination of service occurred before the
281281 23 effective date of that Act and apply retroactively to August
282282 24 23, 1989.
283283 25 Notwithstanding Sections 1-103.1 and 17-157, the changes
284284 26 to this Section and Section 17-106 made by Public Act 92-599
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295295 1 apply without regard to whether termination of service
296296 2 occurred before June 28, 2002 (the effective date of Public
297297 3 Act 92-599) that Act.
298298 4 Notwithstanding Sections 1-103.1 and 17-157, the changes
299299 5 to this Section made by Public Act 97-912 this amendatory Act
300300 6 of the 97th General Assembly apply without regard to whether
301301 7 termination of service occurred before August 8, 2012 (the
302302 8 effective date of Public Act 97-912) this amendatory Act.
303303 9 (Source: P.A. 101-340, eff. 8-9-19; 102-1013, eff. 5-27-22;
304304 10 102-1090, eff. 6-10-22; revised 7-27-22.)
305305 11 Section 90. The State Mandates Act is amended by adding
306306 12 Section 8.47 as follows:
307307 13 (30 ILCS 805/8.47 new)
308308 14 Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
309309 15 8 of this Act, no reimbursement by the State is required for
310310 16 the implementation of any mandate created by this amendatory
311311 17 Act of the 103rd General Assembly.
312312 18 Section 99. Effective date. This Act takes effect upon
313313 19 becoming law.
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