Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2627 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2627 Introduced 10/25/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158105 ILCS 5/24-8 from Ch. 122, par. 24-8 Amends the Downstate Teachers Article of Illinois Pension Code. Specifies that the provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6% excludes salary increases necessary to bring a school board in compliance with the changes to the minimum salary provisions of the School Code under the amendatory Act. Amends the Employment of Teachers Article of the School Code. In provisions concerning the minimum salary, provides that the minimum salary shall be $50,000 for the 2024-2025 school year, $55,000 for the 2025-2026 school year, and $60,000 for the 2026-2027 school year. Provides that the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for the 2027-2028 school year (rather than for the 2024-2025 school year) no later than September 30, 2026 (rather than September 30, 2023); makes conforming changes. LRB103 34052 RJT 63869 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2627 Introduced 10/25/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158105 ILCS 5/24-8 from Ch. 122, par. 24-8 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 105 ILCS 5/24-8 from Ch. 122, par. 24-8 Amends the Downstate Teachers Article of Illinois Pension Code. Specifies that the provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6% excludes salary increases necessary to bring a school board in compliance with the changes to the minimum salary provisions of the School Code under the amendatory Act. Amends the Employment of Teachers Article of the School Code. In provisions concerning the minimum salary, provides that the minimum salary shall be $50,000 for the 2024-2025 school year, $55,000 for the 2025-2026 school year, and $60,000 for the 2026-2027 school year. Provides that the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for the 2027-2028 school year (rather than for the 2024-2025 school year) no later than September 30, 2026 (rather than September 30, 2023); makes conforming changes. LRB103 34052 RJT 63869 b LRB103 34052 RJT 63869 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 SB2627 Introduced 10/25/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158105 ILCS 5/24-8 from Ch. 122, par. 24-8 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 105 ILCS 5/24-8 from Ch. 122, par. 24-8
44 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158
55 105 ILCS 5/24-8 from Ch. 122, par. 24-8
66 Amends the Downstate Teachers Article of Illinois Pension Code. Specifies that the provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6% excludes salary increases necessary to bring a school board in compliance with the changes to the minimum salary provisions of the School Code under the amendatory Act. Amends the Employment of Teachers Article of the School Code. In provisions concerning the minimum salary, provides that the minimum salary shall be $50,000 for the 2024-2025 school year, $55,000 for the 2025-2026 school year, and $60,000 for the 2026-2027 school year. Provides that the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for the 2027-2028 school year (rather than for the 2024-2025 school year) no later than September 30, 2026 (rather than September 30, 2023); makes conforming changes.
77 LRB103 34052 RJT 63869 b LRB103 34052 RJT 63869 b
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99 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
1010 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
1111 A BILL FOR
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1414 1 AN ACT concerning education.
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 16-158 as follows:
1919 6 (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
2020 7 Sec. 16-158. Contributions by State and other employing
2121 8 units.
2222 9 (a) The State shall make contributions to the System by
2323 10 means of appropriations from the Common School Fund and other
2424 11 State funds of amounts which, together with other employer
2525 12 contributions, employee contributions, investment income, and
2626 13 other income, will be sufficient to meet the cost of
2727 14 maintaining and administering the System on a 90% funded basis
2828 15 in accordance with actuarial recommendations.
2929 16 The Board shall determine the amount of State
3030 17 contributions required for each fiscal year on the basis of
3131 18 the actuarial tables and other assumptions adopted by the
3232 19 Board and the recommendations of the actuary, using the
3333 20 formula in subsection (b-3).
3434 21 (a-1) Annually, on or before November 15 until November
3535 22 15, 2011, the Board shall certify to the Governor the amount of
3636 23 the required State contribution for the coming fiscal year.
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4040 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2627 Introduced 10/25/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
4141 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158105 ILCS 5/24-8 from Ch. 122, par. 24-8 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 105 ILCS 5/24-8 from Ch. 122, par. 24-8
4242 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158
4343 105 ILCS 5/24-8 from Ch. 122, par. 24-8
4444 Amends the Downstate Teachers Article of Illinois Pension Code. Specifies that the provision that requires an employer to make an additional contribution to the System for certain salary increases greater than 6% excludes salary increases necessary to bring a school board in compliance with the changes to the minimum salary provisions of the School Code under the amendatory Act. Amends the Employment of Teachers Article of the School Code. In provisions concerning the minimum salary, provides that the minimum salary shall be $50,000 for the 2024-2025 school year, $55,000 for the 2025-2026 school year, and $60,000 for the 2026-2027 school year. Provides that the Commission on Government Forecasting and Accountability shall certify and publish the minimum salary rate to be used for the 2027-2028 school year (rather than for the 2024-2025 school year) no later than September 30, 2026 (rather than September 30, 2023); makes conforming changes.
4545 LRB103 34052 RJT 63869 b LRB103 34052 RJT 63869 b
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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
4949 A BILL FOR
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7979 1 The certification under this subsection (a-1) shall include a
8080 2 copy of the actuarial recommendations upon which it is based
8181 3 and shall specifically identify the System's projected State
8282 4 normal cost for that fiscal year.
8383 5 On or before May 1, 2004, the Board shall recalculate and
8484 6 recertify to the Governor the amount of the required State
8585 7 contribution to the System for State fiscal year 2005, taking
8686 8 into account the amounts appropriated to and received by the
8787 9 System under subsection (d) of Section 7.2 of the General
8888 10 Obligation Bond Act.
8989 11 On or before July 1, 2005, the Board shall recalculate and
9090 12 recertify to the Governor the amount of the required State
9191 13 contribution to the System for State fiscal year 2006, taking
9292 14 into account the changes in required State contributions made
9393 15 by Public Act 94-4.
9494 16 On or before April 1, 2011, the Board shall recalculate
9595 17 and recertify to the Governor the amount of the required State
9696 18 contribution to the System for State fiscal year 2011,
9797 19 applying the changes made by Public Act 96-889 to the System's
9898 20 assets and liabilities as of June 30, 2009 as though Public Act
9999 21 96-889 was approved on that date.
100100 22 (a-5) On or before November 1 of each year, beginning
101101 23 November 1, 2012, the Board shall submit to the State Actuary,
102102 24 the Governor, and the General Assembly a proposed
103103 25 certification of the amount of the required State contribution
104104 26 to the System for the next fiscal year, along with all of the
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115115 1 actuarial assumptions, calculations, and data upon which that
116116 2 proposed certification is based. On or before January 1 of
117117 3 each year, beginning January 1, 2013, the State Actuary shall
118118 4 issue a preliminary report concerning the proposed
119119 5 certification and identifying, if necessary, recommended
120120 6 changes in actuarial assumptions that the Board must consider
121121 7 before finalizing its certification of the required State
122122 8 contributions. On or before January 15, 2013 and each January
123123 9 15 thereafter, the Board shall certify to the Governor and the
124124 10 General Assembly the amount of the required State contribution
125125 11 for the next fiscal year. The Board's certification must note
126126 12 any deviations from the State Actuary's recommended changes,
127127 13 the reason or reasons for not following the State Actuary's
128128 14 recommended changes, and the fiscal impact of not following
129129 15 the State Actuary's recommended changes on the required State
130130 16 contribution.
131131 17 (a-10) By November 1, 2017, the Board shall recalculate
132132 18 and recertify to the State Actuary, the Governor, and the
133133 19 General Assembly the amount of the State contribution to the
134134 20 System for State fiscal year 2018, taking into account the
135135 21 changes in required State contributions made by Public Act
136136 22 100-23. The State Actuary shall review the assumptions and
137137 23 valuations underlying the Board's revised certification and
138138 24 issue a preliminary report concerning the proposed
139139 25 recertification and identifying, if necessary, recommended
140140 26 changes in actuarial assumptions that the Board must consider
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151151 1 before finalizing its certification of the required State
152152 2 contributions. The Board's final certification must note any
153153 3 deviations from the State Actuary's recommended changes, the
154154 4 reason or reasons for not following the State Actuary's
155155 5 recommended changes, and the fiscal impact of not following
156156 6 the State Actuary's recommended changes on the required State
157157 7 contribution.
158158 8 (a-15) On or after June 15, 2019, but no later than June
159159 9 30, 2019, the Board shall recalculate and recertify to the
160160 10 Governor and the General Assembly the amount of the State
161161 11 contribution to the System for State fiscal year 2019, taking
162162 12 into account the changes in required State contributions made
163163 13 by Public Act 100-587. The recalculation shall be made using
164164 14 assumptions adopted by the Board for the original fiscal year
165165 15 2019 certification. The monthly voucher for the 12th month of
166166 16 fiscal year 2019 shall be paid by the Comptroller after the
167167 17 recertification required pursuant to this subsection is
168168 18 submitted to the Governor, Comptroller, and General Assembly.
169169 19 The recertification submitted to the General Assembly shall be
170170 20 filed with the Clerk of the House of Representatives and the
171171 21 Secretary of the Senate in electronic form only, in the manner
172172 22 that the Clerk and the Secretary shall direct.
173173 23 (b) Through State fiscal year 1995, the State
174174 24 contributions shall be paid to the System in accordance with
175175 25 Section 18-7 of the School Code.
176176 26 (b-1) Beginning in State fiscal year 1996, on the 15th day
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187187 1 of each month, or as soon thereafter as may be practicable, the
188188 2 Board shall submit vouchers for payment of State contributions
189189 3 to the System, in a total monthly amount of one-twelfth of the
190190 4 required annual State contribution certified under subsection
191191 5 (a-1). From March 5, 2004 (the effective date of Public Act
192192 6 93-665) through June 30, 2004, the Board shall not submit
193193 7 vouchers for the remainder of fiscal year 2004 in excess of the
194194 8 fiscal year 2004 certified contribution amount determined
195195 9 under this Section after taking into consideration the
196196 10 transfer to the System under subsection (a) of Section 6z-61
197197 11 of the State Finance Act. These vouchers shall be paid by the
198198 12 State Comptroller and Treasurer by warrants drawn on the funds
199199 13 appropriated to the System for that fiscal year.
200200 14 If in any month the amount remaining unexpended from all
201201 15 other appropriations to the System for the applicable fiscal
202202 16 year (including the appropriations to the System under Section
203203 17 8.12 of the State Finance Act and Section 1 of the State
204204 18 Pension Funds Continuing Appropriation Act) is less than the
205205 19 amount lawfully vouchered under this subsection, the
206206 20 difference shall be paid from the Common School Fund under the
207207 21 continuing appropriation authority provided in Section 1.1 of
208208 22 the State Pension Funds Continuing Appropriation Act.
209209 23 (b-2) Allocations from the Common School Fund apportioned
210210 24 to school districts not coming under this System shall not be
211211 25 diminished or affected by the provisions of this Article.
212212 26 (b-3) For State fiscal years 2012 through 2045, the
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223223 1 minimum contribution to the System to be made by the State for
224224 2 each fiscal year shall be an amount determined by the System to
225225 3 be sufficient to bring the total assets of the System up to 90%
226226 4 of the total actuarial liabilities of the System by the end of
227227 5 State fiscal year 2045. In making these determinations, the
228228 6 required State contribution shall be calculated each year as a
229229 7 level percentage of payroll over the years remaining to and
230230 8 including fiscal year 2045 and shall be determined under the
231231 9 projected unit credit actuarial cost method.
232232 10 For each of State fiscal years 2018, 2019, and 2020, the
233233 11 State shall make an additional contribution to the System
234234 12 equal to 2% of the total payroll of each employee who is deemed
235235 13 to have elected the benefits under Section 1-161 or who has
236236 14 made the election under subsection (c) of Section 1-161.
237237 15 A change in an actuarial or investment assumption that
238238 16 increases or decreases the required State contribution and
239239 17 first applies in State fiscal year 2018 or thereafter shall be
240240 18 implemented in equal annual amounts over a 5-year period
241241 19 beginning in the State fiscal year in which the actuarial
242242 20 change first applies to the required State contribution.
243243 21 A change in an actuarial or investment assumption that
244244 22 increases or decreases the required State contribution and
245245 23 first applied to the State contribution in fiscal year 2014,
246246 24 2015, 2016, or 2017 shall be implemented:
247247 25 (i) as already applied in State fiscal years before
248248 26 2018; and
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259259 1 (ii) in the portion of the 5-year period beginning in
260260 2 the State fiscal year in which the actuarial change first
261261 3 applied that occurs in State fiscal year 2018 or
262262 4 thereafter, by calculating the change in equal annual
263263 5 amounts over that 5-year period and then implementing it
264264 6 at the resulting annual rate in each of the remaining
265265 7 fiscal years in that 5-year period.
266266 8 For State fiscal years 1996 through 2005, the State
267267 9 contribution to the System, as a percentage of the applicable
268268 10 employee payroll, shall be increased in equal annual
269269 11 increments so that by State fiscal year 2011, the State is
270270 12 contributing at the rate required under this Section; except
271271 13 that in the following specified State fiscal years, the State
272272 14 contribution to the System shall not be less than the
273273 15 following indicated percentages of the applicable employee
274274 16 payroll, even if the indicated percentage will produce a State
275275 17 contribution in excess of the amount otherwise required under
276276 18 this subsection and subsection (a), and notwithstanding any
277277 19 contrary certification made under subsection (a-1) before May
278278 20 27, 1998 (the effective date of Public Act 90-582): 10.02% in
279279 21 FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
280280 22 2002; 12.86% in FY 2003; and 13.56% in FY 2004.
281281 23 Notwithstanding any other provision of this Article, the
282282 24 total required State contribution for State fiscal year 2006
283283 25 is $534,627,700.
284284 26 Notwithstanding any other provision of this Article, the
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295295 1 total required State contribution for State fiscal year 2007
296296 2 is $738,014,500.
297297 3 For each of State fiscal years 2008 through 2009, the
298298 4 State contribution to the System, as a percentage of the
299299 5 applicable employee payroll, shall be increased in equal
300300 6 annual increments from the required State contribution for
301301 7 State fiscal year 2007, so that by State fiscal year 2011, the
302302 8 State is contributing at the rate otherwise required under
303303 9 this Section.
304304 10 Notwithstanding any other provision of this Article, the
305305 11 total required State contribution for State fiscal year 2010
306306 12 is $2,089,268,000 and shall be made from the proceeds of bonds
307307 13 sold in fiscal year 2010 pursuant to Section 7.2 of the General
308308 14 Obligation Bond Act, less (i) the pro rata share of bond sale
309309 15 expenses determined by the System's share of total bond
310310 16 proceeds, (ii) any amounts received from the Common School
311311 17 Fund in fiscal year 2010, and (iii) any reduction in bond
312312 18 proceeds due to the issuance of discounted bonds, if
313313 19 applicable.
314314 20 Notwithstanding any other provision of this Article, the
315315 21 total required State contribution for State fiscal year 2011
316316 22 is the amount recertified by the System on or before April 1,
317317 23 2011 pursuant to subsection (a-1) of this Section and shall be
318318 24 made from the proceeds of bonds sold in fiscal year 2011
319319 25 pursuant to Section 7.2 of the General Obligation Bond Act,
320320 26 less (i) the pro rata share of bond sale expenses determined by
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331331 1 the System's share of total bond proceeds, (ii) any amounts
332332 2 received from the Common School Fund in fiscal year 2011, and
333333 3 (iii) any reduction in bond proceeds due to the issuance of
334334 4 discounted bonds, if applicable. This amount shall include, in
335335 5 addition to the amount certified by the System, an amount
336336 6 necessary to meet employer contributions required by the State
337337 7 as an employer under paragraph (e) of this Section, which may
338338 8 also be used by the System for contributions required by
339339 9 paragraph (a) of Section 16-127.
340340 10 Beginning in State fiscal year 2046, the minimum State
341341 11 contribution for each fiscal year shall be the amount needed
342342 12 to maintain the total assets of the System at 90% of the total
343343 13 actuarial liabilities of the System.
344344 14 Amounts received by the System pursuant to Section 25 of
345345 15 the Budget Stabilization Act or Section 8.12 of the State
346346 16 Finance Act in any fiscal year do not reduce and do not
347347 17 constitute payment of any portion of the minimum State
348348 18 contribution required under this Article in that fiscal year.
349349 19 Such amounts shall not reduce, and shall not be included in the
350350 20 calculation of, the required State contributions under this
351351 21 Article in any future year until the System has reached a
352352 22 funding ratio of at least 90%. A reference in this Article to
353353 23 the "required State contribution" or any substantially similar
354354 24 term does not include or apply to any amounts payable to the
355355 25 System under Section 25 of the Budget Stabilization Act.
356356 26 Notwithstanding any other provision of this Section, the
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367367 1 required State contribution for State fiscal year 2005 and for
368368 2 fiscal year 2008 and each fiscal year thereafter, as
369369 3 calculated under this Section and certified under subsection
370370 4 (a-1), shall not exceed an amount equal to (i) the amount of
371371 5 the required State contribution that would have been
372372 6 calculated under this Section for that fiscal year if the
373373 7 System had not received any payments under subsection (d) of
374374 8 Section 7.2 of the General Obligation Bond Act, minus (ii) the
375375 9 portion of the State's total debt service payments for that
376376 10 fiscal year on the bonds issued in fiscal year 2003 for the
377377 11 purposes of that Section 7.2, as determined and certified by
378378 12 the Comptroller, that is the same as the System's portion of
379379 13 the total moneys distributed under subsection (d) of Section
380380 14 7.2 of the General Obligation Bond Act. In determining this
381381 15 maximum for State fiscal years 2008 through 2010, however, the
382382 16 amount referred to in item (i) shall be increased, as a
383383 17 percentage of the applicable employee payroll, in equal
384384 18 increments calculated from the sum of the required State
385385 19 contribution for State fiscal year 2007 plus the applicable
386386 20 portion of the State's total debt service payments for fiscal
387387 21 year 2007 on the bonds issued in fiscal year 2003 for the
388388 22 purposes of Section 7.2 of the General Obligation Bond Act, so
389389 23 that, by State fiscal year 2011, the State is contributing at
390390 24 the rate otherwise required under this Section.
391391 25 (b-4) Beginning in fiscal year 2018, each employer under
392392 26 this Article shall pay to the System a required contribution
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403403 1 determined as a percentage of projected payroll and sufficient
404404 2 to produce an annual amount equal to:
405405 3 (i) for each of fiscal years 2018, 2019, and 2020, the
406406 4 defined benefit normal cost of the defined benefit plan,
407407 5 less the employee contribution, for each employee of that
408408 6 employer who has elected or who is deemed to have elected
409409 7 the benefits under Section 1-161 or who has made the
410410 8 election under subsection (b) of Section 1-161; for fiscal
411411 9 year 2021 and each fiscal year thereafter, the defined
412412 10 benefit normal cost of the defined benefit plan, less the
413413 11 employee contribution, plus 2%, for each employee of that
414414 12 employer who has elected or who is deemed to have elected
415415 13 the benefits under Section 1-161 or who has made the
416416 14 election under subsection (b) of Section 1-161; plus
417417 15 (ii) the amount required for that fiscal year to
418418 16 amortize any unfunded actuarial accrued liability
419419 17 associated with the present value of liabilities
420420 18 attributable to the employer's account under Section
421421 19 16-158.3, determined as a level percentage of payroll over
422422 20 a 30-year rolling amortization period.
423423 21 In determining contributions required under item (i) of
424424 22 this subsection, the System shall determine an aggregate rate
425425 23 for all employers, expressed as a percentage of projected
426426 24 payroll.
427427 25 In determining the contributions required under item (ii)
428428 26 of this subsection, the amount shall be computed by the System
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439439 1 on the basis of the actuarial assumptions and tables used in
440440 2 the most recent actuarial valuation of the System that is
441441 3 available at the time of the computation.
442442 4 The contributions required under this subsection (b-4)
443443 5 shall be paid by an employer concurrently with that employer's
444444 6 payroll payment period. The State, as the actual employer of
445445 7 an employee, shall make the required contributions under this
446446 8 subsection.
447447 9 (c) Payment of the required State contributions and of all
448448 10 pensions, retirement annuities, death benefits, refunds, and
449449 11 other benefits granted under or assumed by this System, and
450450 12 all expenses in connection with the administration and
451451 13 operation thereof, are obligations of the State.
452452 14 If members are paid from special trust or federal funds
453453 15 which are administered by the employing unit, whether school
454454 16 district or other unit, the employing unit shall pay to the
455455 17 System from such funds the full accruing retirement costs
456456 18 based upon that service, which, beginning July 1, 2017, shall
457457 19 be at a rate, expressed as a percentage of salary, equal to the
458458 20 total employer's normal cost, expressed as a percentage of
459459 21 payroll, as determined by the System. Employer contributions,
460460 22 based on salary paid to members from federal funds, may be
461461 23 forwarded by the distributing agency of the State of Illinois
462462 24 to the System prior to allocation, in an amount determined in
463463 25 accordance with guidelines established by such agency and the
464464 26 System. Any contribution for fiscal year 2015 collected as a
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475475 1 result of the change made by Public Act 98-674 shall be
476476 2 considered a State contribution under subsection (b-3) of this
477477 3 Section.
478478 4 (d) Effective July 1, 1986, any employer of a teacher as
479479 5 defined in paragraph (8) of Section 16-106 shall pay the
480480 6 employer's normal cost of benefits based upon the teacher's
481481 7 service, in addition to employee contributions, as determined
482482 8 by the System. Such employer contributions shall be forwarded
483483 9 monthly in accordance with guidelines established by the
484484 10 System.
485485 11 However, with respect to benefits granted under Section
486486 12 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
487487 13 of Section 16-106, the employer's contribution shall be 12%
488488 14 (rather than 20%) of the member's highest annual salary rate
489489 15 for each year of creditable service granted, and the employer
490490 16 shall also pay the required employee contribution on behalf of
491491 17 the teacher. For the purposes of Sections 16-133.4 and
492492 18 16-133.5, a teacher as defined in paragraph (8) of Section
493493 19 16-106 who is serving in that capacity while on leave of
494494 20 absence from another employer under this Article shall not be
495495 21 considered an employee of the employer from which the teacher
496496 22 is on leave.
497497 23 (e) Beginning July 1, 1998, every employer of a teacher
498498 24 shall pay to the System an employer contribution computed as
499499 25 follows:
500500 26 (1) Beginning July 1, 1998 through June 30, 1999, the
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511511 1 employer contribution shall be equal to 0.3% of each
512512 2 teacher's salary.
513513 3 (2) Beginning July 1, 1999 and thereafter, the
514514 4 employer contribution shall be equal to 0.58% of each
515515 5 teacher's salary.
516516 6 The school district or other employing unit may pay these
517517 7 employer contributions out of any source of funding available
518518 8 for that purpose and shall forward the contributions to the
519519 9 System on the schedule established for the payment of member
520520 10 contributions.
521521 11 These employer contributions are intended to offset a
522522 12 portion of the cost to the System of the increases in
523523 13 retirement benefits resulting from Public Act 90-582.
524524 14 Each employer of teachers is entitled to a credit against
525525 15 the contributions required under this subsection (e) with
526526 16 respect to salaries paid to teachers for the period January 1,
527527 17 2002 through June 30, 2003, equal to the amount paid by that
528528 18 employer under subsection (a-5) of Section 6.6 of the State
529529 19 Employees Group Insurance Act of 1971 with respect to salaries
530530 20 paid to teachers for that period.
531531 21 The additional 1% employee contribution required under
532532 22 Section 16-152 by Public Act 90-582 is the responsibility of
533533 23 the teacher and not the teacher's employer, unless the
534534 24 employer agrees, through collective bargaining or otherwise,
535535 25 to make the contribution on behalf of the teacher.
536536 26 If an employer is required by a contract in effect on May
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547547 1 1, 1998 between the employer and an employee organization to
548548 2 pay, on behalf of all its full-time employees covered by this
549549 3 Article, all mandatory employee contributions required under
550550 4 this Article, then the employer shall be excused from paying
551551 5 the employer contribution required under this subsection (e)
552552 6 for the balance of the term of that contract. The employer and
553553 7 the employee organization shall jointly certify to the System
554554 8 the existence of the contractual requirement, in such form as
555555 9 the System may prescribe. This exclusion shall cease upon the
556556 10 termination, extension, or renewal of the contract at any time
557557 11 after May 1, 1998.
558558 12 (f) If the amount of a teacher's salary for any school year
559559 13 used to determine final average salary exceeds the member's
560560 14 annual full-time salary rate with the same employer for the
561561 15 previous school year by more than 6%, the teacher's employer
562562 16 shall pay to the System, in addition to all other payments
563563 17 required under this Section and in accordance with guidelines
564564 18 established by the System, the present value of the increase
565565 19 in benefits resulting from the portion of the increase in
566566 20 salary that is in excess of 6%. This present value shall be
567567 21 computed by the System on the basis of the actuarial
568568 22 assumptions and tables used in the most recent actuarial
569569 23 valuation of the System that is available at the time of the
570570 24 computation. If a teacher's salary for the 2005-2006 school
571571 25 year is used to determine final average salary under this
572572 26 subsection (f), then the changes made to this subsection (f)
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583583 1 by Public Act 94-1057 shall apply in calculating whether the
584584 2 increase in his or her salary is in excess of 6%. For the
585585 3 purposes of this Section, change in employment under Section
586586 4 10-21.12 of the School Code on or after June 1, 2005 shall
587587 5 constitute a change in employer. The System may require the
588588 6 employer to provide any pertinent information or
589589 7 documentation. The changes made to this subsection (f) by
590590 8 Public Act 94-1111 apply without regard to whether the teacher
591591 9 was in service on or after its effective date.
592592 10 Whenever it determines that a payment is or may be
593593 11 required under this subsection, the System shall calculate the
594594 12 amount of the payment and bill the employer for that amount.
595595 13 The bill shall specify the calculations used to determine the
596596 14 amount due. If the employer disputes the amount of the bill, it
597597 15 may, within 30 days after receipt of the bill, apply to the
598598 16 System in writing for a recalculation. The application must
599599 17 specify in detail the grounds of the dispute and, if the
600600 18 employer asserts that the calculation is subject to subsection
601601 19 (g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section,
602602 20 must include an affidavit setting forth and attesting to all
603603 21 facts within the employer's knowledge that are pertinent to
604604 22 the applicability of that subsection. Upon receiving a timely
605605 23 application for recalculation, the System shall review the
606606 24 application and, if appropriate, recalculate the amount due.
607607 25 The employer contributions required under this subsection
608608 26 (f) may be paid in the form of a lump sum within 90 days after
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619619 1 receipt of the bill. If the employer contributions are not
620620 2 paid within 90 days after receipt of the bill, then interest
621621 3 will be charged at a rate equal to the System's annual
622622 4 actuarially assumed rate of return on investment compounded
623623 5 annually from the 91st day after receipt of the bill. Payments
624624 6 must be concluded within 3 years after the employer's receipt
625625 7 of the bill.
626626 8 (f-1) (Blank).
627627 9 (g) This subsection (g) applies only to payments made or
628628 10 salary increases given on or after June 1, 2005 but before July
629629 11 1, 2011. The changes made by Public Act 94-1057 shall not
630630 12 require the System to refund any payments received before July
631631 13 31, 2006 (the effective date of Public Act 94-1057).
632632 14 When assessing payment for any amount due under subsection
633633 15 (f), the System shall exclude salary increases paid to
634634 16 teachers under contracts or collective bargaining agreements
635635 17 entered into, amended, or renewed before June 1, 2005.
636636 18 When assessing payment for any amount due under subsection
637637 19 (f), the System shall exclude salary increases paid to a
638638 20 teacher at a time when the teacher is 10 or more years from
639639 21 retirement eligibility under Section 16-132 or 16-133.2.
640640 22 When assessing payment for any amount due under subsection
641641 23 (f), the System shall exclude salary increases resulting from
642642 24 overload work, including summer school, when the school
643643 25 district has certified to the System, and the System has
644644 26 approved the certification, that (i) the overload work is for
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655655 1 the sole purpose of classroom instruction in excess of the
656656 2 standard number of classes for a full-time teacher in a school
657657 3 district during a school year and (ii) the salary increases
658658 4 are equal to or less than the rate of pay for classroom
659659 5 instruction computed on the teacher's current salary and work
660660 6 schedule.
661661 7 When assessing payment for any amount due under subsection
662662 8 (f), the System shall exclude a salary increase resulting from
663663 9 a promotion (i) for which the employee is required to hold a
664664 10 certificate or supervisory endorsement issued by the State
665665 11 Teacher Certification Board that is a different certification
666666 12 or supervisory endorsement than is required for the teacher's
667667 13 previous position and (ii) to a position that has existed and
668668 14 been filled by a member for no less than one complete academic
669669 15 year and the salary increase from the promotion is an increase
670670 16 that results in an amount no greater than the lesser of the
671671 17 average salary paid for other similar positions in the
672672 18 district requiring the same certification or the amount
673673 19 stipulated in the collective bargaining agreement for a
674674 20 similar position requiring the same certification.
675675 21 When assessing payment for any amount due under subsection
676676 22 (f), the System shall exclude any payment to the teacher from
677677 23 the State of Illinois or the State Board of Education over
678678 24 which the employer does not have discretion, notwithstanding
679679 25 that the payment is included in the computation of final
680680 26 average salary.
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691691 1 (g-5) When assessing payment for any amount due under
692692 2 subsection (f), the System shall exclude salary increases
693693 3 resulting from overload or stipend work performed in a school
694694 4 year subsequent to a school year in which the employer was
695695 5 unable to offer or allow to be conducted overload or stipend
696696 6 work due to an emergency declaration limiting such activities.
697697 7 (g-10) When assessing payment for any amount due under
698698 8 subsection (f), the System shall exclude salary increases
699699 9 resulting from increased instructional time that exceeded the
700700 10 instructional time required during the 2019-2020 school year.
701701 11 (g-15) When assessing payment for any amount due under
702702 12 subsection (f), the System shall exclude salary increases
703703 13 resulting from teaching summer school on or after May 1, 2021
704704 14 and before September 15, 2022.
705705 15 (g-20) When assessing payment for any amount due under
706706 16 subsection (f), the System shall exclude salary increases
707707 17 necessary to bring a school board in compliance with Public
708708 18 Act 101-443, Public Act 103-515, or this amendatory Act of the
709709 19 103rd General Assembly.
710710 20 (h) When assessing payment for any amount due under
711711 21 subsection (f), the System shall exclude any salary increase
712712 22 described in subsection (g) of this Section given on or after
713713 23 July 1, 2011 but before July 1, 2014 under a contract or
714714 24 collective bargaining agreement entered into, amended, or
715715 25 renewed on or after June 1, 2005 but before July 1, 2011.
716716 26 Notwithstanding any other provision of this Section, any
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727727 1 payments made or salary increases given after June 30, 2014
728728 2 shall be used in assessing payment for any amount due under
729729 3 subsection (f) of this Section.
730730 4 (i) The System shall prepare a report and file copies of
731731 5 the report with the Governor and the General Assembly by
732732 6 January 1, 2007 that contains all of the following
733733 7 information:
734734 8 (1) The number of recalculations required by the
735735 9 changes made to this Section by Public Act 94-1057 for
736736 10 each employer.
737737 11 (2) The dollar amount by which each employer's
738738 12 contribution to the System was changed due to
739739 13 recalculations required by Public Act 94-1057.
740740 14 (3) The total amount the System received from each
741741 15 employer as a result of the changes made to this Section by
742742 16 Public Act 94-4.
743743 17 (4) The increase in the required State contribution
744744 18 resulting from the changes made to this Section by Public
745745 19 Act 94-1057.
746746 20 (i-5) For school years beginning on or after July 1, 2017,
747747 21 if the amount of a participant's salary for any school year
748748 22 exceeds the amount of the salary set for the Governor, the
749749 23 participant's employer shall pay to the System, in addition to
750750 24 all other payments required under this Section and in
751751 25 accordance with guidelines established by the System, an
752752 26 amount determined by the System to be equal to the employer
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763763 1 normal cost, as established by the System and expressed as a
764764 2 total percentage of payroll, multiplied by the amount of
765765 3 salary in excess of the amount of the salary set for the
766766 4 Governor. This amount shall be computed by the System on the
767767 5 basis of the actuarial assumptions and tables used in the most
768768 6 recent actuarial valuation of the System that is available at
769769 7 the time of the computation. The System may require the
770770 8 employer to provide any pertinent information or
771771 9 documentation.
772772 10 Whenever it determines that a payment is or may be
773773 11 required under this subsection, the System shall calculate the
774774 12 amount of the payment and bill the employer for that amount.
775775 13 The bill shall specify the calculations used to determine the
776776 14 amount due. If the employer disputes the amount of the bill, it
777777 15 may, within 30 days after receipt of the bill, apply to the
778778 16 System in writing for a recalculation. The application must
779779 17 specify in detail the grounds of the dispute. Upon receiving a
780780 18 timely application for recalculation, the System shall review
781781 19 the application and, if appropriate, recalculate the amount
782782 20 due.
783783 21 The employer contributions required under this subsection
784784 22 may be paid in the form of a lump sum within 90 days after
785785 23 receipt of the bill. If the employer contributions are not
786786 24 paid within 90 days after receipt of the bill, then interest
787787 25 will be charged at a rate equal to the System's annual
788788 26 actuarially assumed rate of return on investment compounded
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799799 1 annually from the 91st day after receipt of the bill. Payments
800800 2 must be concluded within 3 years after the employer's receipt
801801 3 of the bill.
802802 4 (j) For purposes of determining the required State
803803 5 contribution to the System, the value of the System's assets
804804 6 shall be equal to the actuarial value of the System's assets,
805805 7 which shall be calculated as follows:
806806 8 As of June 30, 2008, the actuarial value of the System's
807807 9 assets shall be equal to the market value of the assets as of
808808 10 that date. In determining the actuarial value of the System's
809809 11 assets for fiscal years after June 30, 2008, any actuarial
810810 12 gains or losses from investment return incurred in a fiscal
811811 13 year shall be recognized in equal annual amounts over the
812812 14 5-year period following that fiscal year.
813813 15 (k) For purposes of determining the required State
814814 16 contribution to the system for a particular year, the
815815 17 actuarial value of assets shall be assumed to earn a rate of
816816 18 return equal to the system's actuarially assumed rate of
817817 19 return.
818818 20 (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
819819 21 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
820820 22 8-11-23.)
821821 23 Section 10. The School Code is amended by changing Section
822822 24 24-8 as follows:
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833833 1 (105 ILCS 5/24-8) (from Ch. 122, par. 24-8)
834834 2 Sec. 24-8. Minimum salary. In fixing the salaries of
835835 3 teachers, school boards shall pay those who serve on a
836836 4 full-time basis not less than a rate for the school year that
837837 5 is based upon training completed in a recognized institution
838838 6 of higher learning, as follows: for the school year beginning
839839 7 July 1, 1980 and until the 2020-2021 school year, less than a
840840 8 bachelor's degree, $9,000; 120 semester hours or more and a
841841 9 bachelor's degree, $10,000; 150 semester hours or more and a
842842 10 master's degree, $11,000. In fixing the salaries of teachers,
843843 11 a school board shall pay those who serve on a full-time basis a
844844 12 rate not less than (i) $32,076 for the 2020-2021 school year,
845845 13 (ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for
846846 14 the 2022-2023 school year, and (iv) $40,000 for the 2023-2024
847847 15 school year, (v) $50,000 for the 2024-2025 school year, (vi)
848848 16 $55,000 for the 2025-2026 school year, and (vii) $60,000 for
849849 17 the 2026-2027 school year. The minimum salary rate for each
850850 18 school year thereafter shall equal the minimum salary rate for
851851 19 the previous school year increased by a percentage equal to
852852 20 the annualized percentage increase, if any, in the Consumer
853853 21 Price Index for All Urban Consumers for all items published by
854854 22 the United States Department of Labor for the 12-month period
855855 23 ending on June 30 of the school year that ended 12 months prior
856856 24 to the school year in which the adjusted salary is to be in
857857 25 effect.
858858 26 In accordance with this Section, the Commission on
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869869 1 Government Forecasting and Accountability shall certify and
870870 2 publish the minimum salary rate to be used for the 2027-2028
871871 3 2024-2025 school year no later than September 30, 2026 2023.
872872 4 By no later than July 20, 2027 2024 and annually on or before
873873 5 each July 20 thereafter, the Commission on Government
874874 6 Forecasting and Accountability shall certify and publish the
875875 7 minimum salary rate to be used for each school year after the
876876 8 2027-2028 2024-2025 school year in accordance with this
877877 9 Section.
878878 10 Based upon previous public school experience in this State
879879 11 or any other state, territory, dependency or possession of the
880880 12 United States, or in schools operated by or under the auspices
881881 13 of the United States, teachers who serve on a full-time basis
882882 14 shall have their salaries increased to at least the following
883883 15 amounts above the starting salary for a teacher in such
884884 16 district in the same classification: with less than a
885885 17 bachelor's degree, $750 after 5 years; with 120 semester hours
886886 18 or more and a bachelor's degree, $1,000 after 5 years and
887887 19 $1,600 after 8 years; with 150 semester hours or more and a
888888 20 master's degree, $1,250 after 5 years, $2,000 after 8 years
889889 21 and $2,750 after 13 years.
890890 22 For the purpose of this Section a teacher's salary shall
891891 23 include any amount paid by the school district on behalf of the
892892 24 teacher, as teacher contributions, to the Teachers' Retirement
893893 25 System of the State of Illinois.
894894 26 If a school board establishes a schedule for teachers'
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