Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3218 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 SB3218 Introduced 2/6/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106 Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that "teacher" includes any educational, administrative, professional, or other staff in a position requiring certification under the law governing the certification of teachers who is employed by a nonpublic special education facility located within the boundaries of the State and whose income from that employment is derived entirely from public funding through local school districts, payments from the Department of Human Services, or payments from the Department of Children and Family Services. LRB103 37767 RPS 67896 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3218 Introduced 2/6/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED: 40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106 40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106 Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that "teacher" includes any educational, administrative, professional, or other staff in a position requiring certification under the law governing the certification of teachers who is employed by a nonpublic special education facility located within the boundaries of the State and whose income from that employment is derived entirely from public funding through local school districts, payments from the Department of Human Services, or payments from the Department of Children and Family Services. LRB103 37767 RPS 67896 b LRB103 37767 RPS 67896 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3218 Introduced 2/6/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
3	3	40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106 40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
4	4	40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
5	5	Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that "teacher" includes any educational, administrative, professional, or other staff in a position requiring certification under the law governing the certification of teachers who is employed by a nonpublic special education facility located within the boundaries of the State and whose income from that employment is derived entirely from public funding through local school districts, payments from the Department of Human Services, or payments from the Department of Children and Family Services.
6	6	LRB103 37767 RPS 67896 b LRB103 37767 RPS 67896 b
7	7	LRB103 37767 RPS 67896 b
8	8	A BILL FOR
9	9	SB3218LRB103 37767 RPS 67896 b SB3218 LRB103 37767 RPS 67896 b
10	10	SB3218 LRB103 37767 RPS 67896 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 16-106 as follows:
16	16	6 (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
17	17	7 Sec. 16-106. Teacher. "Teacher": The following
18	18	8 individuals, provided that, for employment prior to July 1,
19	19	9 1990, they are employed on a full-time basis, or if not
20	20	10 full-time, on a permanent and continuous basis in a position
21	21	11 in which services are expected to be rendered for at least one
22	22	12 school term:
23	23	13 (1) Any educational, administrative, professional or
24	24	14 other staff employed in the public common schools included
25	25	15 within this system in a position requiring certification
26	26	16 under the law governing the certification of teachers;
27	27	17 (2) Any educational, administrative, professional or
28	28	18 other staff employed in any facility of the Department of
29	29	19 Children and Family Services or the Department of Human
30	30	20 Services, in a position requiring certification under the
31	31	21 law governing the certification of teachers, and any
32	32	22 person who (i) works in such a position for the Department
33	33	23 of Corrections, (ii) was a member of this System on May 31,
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3218 Introduced 2/6/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
38	38	40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106 40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
39	39	40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
40	40	Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that "teacher" includes any educational, administrative, professional, or other staff in a position requiring certification under the law governing the certification of teachers who is employed by a nonpublic special education facility located within the boundaries of the State and whose income from that employment is derived entirely from public funding through local school districts, payments from the Department of Human Services, or payments from the Department of Children and Family Services.
41	41	LRB103 37767 RPS 67896 b LRB103 37767 RPS 67896 b
42	42	LRB103 37767 RPS 67896 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
50	50
51	51
52	52
53	53	LRB103 37767 RPS 67896 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB3218 LRB103 37767 RPS 67896 b
64	64
65	65
66	66	SB3218- 2 -LRB103 37767 RPS 67896 b SB3218 - 2 - LRB103 37767 RPS 67896 b
67	67	SB3218 - 2 - LRB103 37767 RPS 67896 b
68	68	1 1987, and (iii) did not elect to become a member of the
69	69	2 State Employees' Retirement System pursuant to Section
70	70	3 14-108.2 of this Code; except that "teacher" does not
71	71	4 include any person who (A) becomes a security employee of
72	72	5 the Department of Human Services, as defined in Section
73	73	6 14-110, after June 28, 2001 (the effective date of Public
74	74	7 Act 92-14), or (B) becomes a member of the State
75	75	8 Employees' Retirement System pursuant to Section 14-108.2c
76	76	9 of this Code;
77	77	10 (3) Any regional superintendent of schools, assistant
78	78	11 regional superintendent of schools, State Superintendent
79	79	12 of Education; any person employed by the State Board of
80	80	13 Education as an executive; any executive of the boards
81	81	14 engaged in the service of public common school education
82	82	15 in school districts covered under this system of which the
83	83	16 State Superintendent of Education is an ex-officio member;
84	84	17 (4) Any employee of a school board association
85	85	18 operating in compliance with Article 23 of the School Code
86	86	19 who is certificated under the law governing the
87	87	20 certification of teachers, provided that he or she becomes
88	88	21 such an employee before the effective date of this
89	89	22 amendatory Act of the 99th General Assembly;
90	90	23 (5) Any person employed by the retirement system who:
91	91	24 (i) was an employee of and a participant in the
92	92	25 system on August 17, 2001 (the effective date of
93	93	26 Public Act 92-416), or
94	94
95	95
96	96
97	97
98	98
99	99	SB3218 - 2 - LRB103 37767 RPS 67896 b
100	100
101	101
102	102	SB3218- 3 -LRB103 37767 RPS 67896 b SB3218 - 3 - LRB103 37767 RPS 67896 b
103	103	SB3218 - 3 - LRB103 37767 RPS 67896 b
104	104	1 (ii) becomes an employee of the system on or after
105	105	2 August 17, 2001;
106	106	3 (6) Any educational, administrative, professional or
107	107	4 other staff employed by and under the supervision and
108	108	5 control of a regional superintendent of schools or the
109	109	6 chief administrative officer of the education service
110	110	7 centers established under Section 2-3.62 of the School
111	111	8 Code and serving that portion of a Class II county outside
112	112	9 a city of 500,000 or more inhabitants, provided such
113	113	10 employment position requires the person to be certificated
114	114	11 under the law governing the certification of teachers and
115	115	12 is in an educational program serving 2 or more districts
116	116	13 in accordance with a joint agreement authorized by the
117	117	14 School Code or by federal legislation;
118	118	15 (7) Any educational, administrative, professional or
119	119	16 other staff employed in an educational program serving 2
120	120	17 or more school districts in accordance with a joint
121	121	18 agreement authorized by the School Code or by federal
122	122	19 legislation and in a position requiring certification
123	123	20 under the laws governing the certification of teachers;
124	124	21 (8) Any officer or employee of a statewide teacher
125	125	22 organization or officer of a national teacher organization
126	126	23 who is certified under the law governing certification of
127	127	24 teachers, provided: (i) the individual had previously
128	128	25 established creditable service under this Article, (ii)
129	129	26 the individual files with the system an irrevocable
130	130
131	131
132	132
133	133
134	134
135	135	SB3218 - 3 - LRB103 37767 RPS 67896 b
136	136
137	137
138	138	SB3218- 4 -LRB103 37767 RPS 67896 b SB3218 - 4 - LRB103 37767 RPS 67896 b
139	139	SB3218 - 4 - LRB103 37767 RPS 67896 b
140	140	1 election to become a member before the effective date of
141	141	2 this amendatory Act of the 97th General Assembly, (iii)
142	142	3 the individual does not receive credit for such service
143	143	4 under any other Article of this Code, and (iv) the
144	144	5 individual first became an officer or employee of the
145	145	6 teacher organization and becomes a member before the
146	146	7 effective date of this amendatory Act of the 97th General
147	147	8 Assembly;
148	148	9 (9) Any educational, administrative, professional, or
149	149	10 other staff employed in a charter school operating in
150	150	11 compliance with the Charter Schools Law who is
151	151	12 certificated under the law governing the certification of
152	152	13 teachers;
153	153	14 (10) Any person employed, on the effective date of
154	154	15 this amendatory Act of the 94th General Assembly, by the
155	155	16 Macon-Piatt Regional Office of Education in a
156	156	17 birth-through-age-three pilot program receiving funds
157	157	18 under Section 2-389 of the School Code who is required by
158	158	19 the Macon-Piatt Regional Office of Education to hold a
159	159	20 teaching certificate, provided that the Macon-Piatt
160	160	21 Regional Office of Education makes an election, within 6
161	161	22 months after the effective date of this amendatory Act of
162	162	23 the 94th General Assembly, to have the person participate
163	163	24 in the system. Any service established prior to the
164	164	25 effective date of this amendatory Act of the 94th General
165	165	26 Assembly for service as an employee of the Macon-Piatt
166	166
167	167
168	168
169	169
170	170
171	171	SB3218 - 4 - LRB103 37767 RPS 67896 b
172	172
173	173
174	174	SB3218- 5 -LRB103 37767 RPS 67896 b SB3218 - 5 - LRB103 37767 RPS 67896 b
175	175	SB3218 - 5 - LRB103 37767 RPS 67896 b
176	176	1 Regional Office of Education in a birth-through-age-three
177	177	2 pilot program receiving funds under Section 2-389 of the
178	178	3 School Code shall be considered service as a teacher if
179	179	4 employee and employer contributions have been received by
180	180	5 the system and the system has not refunded those
181	181	6 contributions; .
182	182	7 (11) Any educational, administrative, professional, or
183	183	8 other staff in a position requiring certification under
184	184	9 the law governing the certification of teachers who is
185	185	10 employed by a nonpublic special education facility, as
186	186	11 defined by Section 14-7.02 of the School Code, located
187	187	12 within the boundaries of the State and whose income from
188	188	13 that employment is derived entirely from public funding
189	189	14 through local school districts, payments from the
190	190	15 Department of Human Services, or payments from the
191	191	16 Department of Children and Family Services.
192	192	17 An annuitant receiving a retirement annuity under this
193	193	18 Article who is employed by a board of education or other
194	194	19 employer as permitted under Section 16-118 or 16-150.1 is not
195	195	20 a "teacher" for purposes of this Article. A person who has
196	196	21 received a single-sum retirement benefit under Section
197	197	22 16-136.4 of this Article is not a "teacher" for purposes of
198	198	23 this Article. For purposes of this Article, "teacher" does not
199	199	24 include a person employed by an entity that provides
200	200	25 substitute teaching services under Section 2-3.173 of the
201	201	26 School Code and is not a school district.
202	202
203	203
204	204
205	205
206	206
207	207	SB3218 - 5 - LRB103 37767 RPS 67896 b
208	208
209	209
210	210	SB3218- 6 -LRB103 37767 RPS 67896 b SB3218 - 6 - LRB103 37767 RPS 67896 b
211	211	SB3218 - 6 - LRB103 37767 RPS 67896 b
212	212
213	213
214	214
215	215
216	216
217	217	SB3218 - 6 - LRB103 37767 RPS 67896 b