IL
Illinois House Bill HB1375

Illinois 2025-2026 Regular Session

Illinois House Bill HB1375 Compare Versions

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1-HB1375 EngrossedLRB104 05627 LNS 15657 b HB1375 Engrossed LRB104 05627 LNS 15657 b
2- HB1375 Engrossed LRB104 05627 LNS 15657 b
1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1375 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-12740 ILCS 5/16-158 from Ch. 108 1/2, par. 16-15840 ILCS 5/16-203110 ILCS 205/9.45 new Amends the Illinois Administrative Procedure Act. Creates emergency rulemaking procedures for the student teaching stipend program. Amends the Downstate Teacher Article of the Illinois Pension Code. Authorizes a person to establish optional credit for periods of service as a student teacher under a specified provision of the Board of Higher Education Act. In provisions requiring an additional employer contribution for certain salary increases greater than 6%, provides that the System shall exclude any stipends paid to an eligible cooperating teacher under the Board of Higher Education Act. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the Board of Higher Education Act. Creates the student teaching stipend program. Defines terms. Provides that an educator preparation program shall notify the Board of Higher Education of all eligible students and eligible cooperating teachers who qualify for the stipend program. Creates requirements for the disbursement of stipend funds under the program. Provides that an educator preparation program may not prohibit an eligible student from participating in the stipend program or from receiving a stipend from the stipend program. Requires an eligible cooperating teacher who receives a stipend to complete specific training. Requires the Board to issue a report in collaboration with the State Board of Education evaluating the impact of the stipend program. Permits the Board to adopt emergency rules regarding the administration of the stipend program in certain circumstances subject to the Illinois Administrative Procedure Act. Effective immediately. LRB104 05627 LNS 15657 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1375 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 5 ILCS 100/5-45.65 new40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-12740 ILCS 5/16-158 from Ch. 108 1/2, par. 16-15840 ILCS 5/16-203110 ILCS 205/9.45 new 5 ILCS 100/5-45.65 new 40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-127 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 40 ILCS 5/16-203 110 ILCS 205/9.45 new Amends the Illinois Administrative Procedure Act. Creates emergency rulemaking procedures for the student teaching stipend program. Amends the Downstate Teacher Article of the Illinois Pension Code. Authorizes a person to establish optional credit for periods of service as a student teacher under a specified provision of the Board of Higher Education Act. In provisions requiring an additional employer contribution for certain salary increases greater than 6%, provides that the System shall exclude any stipends paid to an eligible cooperating teacher under the Board of Higher Education Act. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the Board of Higher Education Act. Creates the student teaching stipend program. Defines terms. Provides that an educator preparation program shall notify the Board of Higher Education of all eligible students and eligible cooperating teachers who qualify for the stipend program. Creates requirements for the disbursement of stipend funds under the program. Provides that an educator preparation program may not prohibit an eligible student from participating in the stipend program or from receiving a stipend from the stipend program. Requires an eligible cooperating teacher who receives a stipend to complete specific training. Requires the Board to issue a report in collaboration with the State Board of Education evaluating the impact of the stipend program. Permits the Board to adopt emergency rules regarding the administration of the stipend program in certain circumstances subject to the Illinois Administrative Procedure Act. Effective immediately. LRB104 05627 LNS 15657 b LRB104 05627 LNS 15657 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1375 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
3+5 ILCS 100/5-45.65 new40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-12740 ILCS 5/16-158 from Ch. 108 1/2, par. 16-15840 ILCS 5/16-203110 ILCS 205/9.45 new 5 ILCS 100/5-45.65 new 40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-127 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 40 ILCS 5/16-203 110 ILCS 205/9.45 new
4+5 ILCS 100/5-45.65 new
5+40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-127
6+40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158
7+40 ILCS 5/16-203
8+110 ILCS 205/9.45 new
9+Amends the Illinois Administrative Procedure Act. Creates emergency rulemaking procedures for the student teaching stipend program. Amends the Downstate Teacher Article of the Illinois Pension Code. Authorizes a person to establish optional credit for periods of service as a student teacher under a specified provision of the Board of Higher Education Act. In provisions requiring an additional employer contribution for certain salary increases greater than 6%, provides that the System shall exclude any stipends paid to an eligible cooperating teacher under the Board of Higher Education Act. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the Board of Higher Education Act. Creates the student teaching stipend program. Defines terms. Provides that an educator preparation program shall notify the Board of Higher Education of all eligible students and eligible cooperating teachers who qualify for the stipend program. Creates requirements for the disbursement of stipend funds under the program. Provides that an educator preparation program may not prohibit an eligible student from participating in the stipend program or from receiving a stipend from the stipend program. Requires an eligible cooperating teacher who receives a stipend to complete specific training. Requires the Board to issue a report in collaboration with the State Board of Education evaluating the impact of the stipend program. Permits the Board to adopt emergency rules regarding the administration of the stipend program in certain circumstances subject to the Illinois Administrative Procedure Act. Effective immediately.
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315 1 AN ACT concerning education.
416 2 Be it enacted by the People of the State of Illinois,
517 3 represented in the General Assembly:
618 4 Section 5. The Illinois Administrative Procedure Act is
719 5 amended by adding Section 5-45.65 as follows:
820 6 (5 ILCS 100/5-45.65 new)
921 7 Sec. 5-45.65. Emergency rulemaking; student teaching
1022 8 stipend program. To provide for the expeditious and timely
1123 9 implementation of Section 9.45 of the Board of Higher
1224 10 Education Act, emergency rules implementing Section 9.45 of
1325 11 the Board of Higher Education Act may be adopted in accordance
1426 12 with Section 5-45 by the Board of Higher Education. The
1527 13 adoption of emergency rules authorized by Section 5-45 and
1628 14 this Section is deemed to be necessary for the public
1729 15 interest, safety, and welfare.
1830 16 This Section is repealed one year after the effective date
1931 17 of this amendatory Act of the 104th General Assembly.
2032 18 Section 10. The Illinois Pension Code is amended by
2133 19 changing Sections 16-127, 16-158, and 16-203 as follows:
2234 20 (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
2335 21 Sec. 16-127. Computation of creditable service.
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39+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1375 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
40+5 ILCS 100/5-45.65 new40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-12740 ILCS 5/16-158 from Ch. 108 1/2, par. 16-15840 ILCS 5/16-203110 ILCS 205/9.45 new 5 ILCS 100/5-45.65 new 40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-127 40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158 40 ILCS 5/16-203 110 ILCS 205/9.45 new
41+5 ILCS 100/5-45.65 new
42+40 ILCS 5/16-127 from Ch. 108 1/2, par. 16-127
43+40 ILCS 5/16-158 from Ch. 108 1/2, par. 16-158
44+40 ILCS 5/16-203
45+110 ILCS 205/9.45 new
46+Amends the Illinois Administrative Procedure Act. Creates emergency rulemaking procedures for the student teaching stipend program. Amends the Downstate Teacher Article of the Illinois Pension Code. Authorizes a person to establish optional credit for periods of service as a student teacher under a specified provision of the Board of Higher Education Act. In provisions requiring an additional employer contribution for certain salary increases greater than 6%, provides that the System shall exclude any stipends paid to an eligible cooperating teacher under the Board of Higher Education Act. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Amends the Board of Higher Education Act. Creates the student teaching stipend program. Defines terms. Provides that an educator preparation program shall notify the Board of Higher Education of all eligible students and eligible cooperating teachers who qualify for the stipend program. Creates requirements for the disbursement of stipend funds under the program. Provides that an educator preparation program may not prohibit an eligible student from participating in the stipend program or from receiving a stipend from the stipend program. Requires an eligible cooperating teacher who receives a stipend to complete specific training. Requires the Board to issue a report in collaboration with the State Board of Education evaluating the impact of the stipend program. Permits the Board to adopt emergency rules regarding the administration of the stipend program in certain circumstances subject to the Illinois Administrative Procedure Act. Effective immediately.
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3278 1 (a) Each member shall receive regular credit for all
3379 2 service as a teacher from the date membership begins, for
3480 3 which satisfactory evidence is supplied and all contributions
3581 4 have been paid.
3682 5 (b) The following periods of service shall earn optional
3783 6 credit and each member shall receive credit for all such
3884 7 service for which satisfactory evidence is supplied and all
3985 8 contributions have been paid as of the date specified:
4086 9 (1) Prior service as a teacher.
4187 10 (2) Service in a capacity essentially similar or
4288 11 equivalent to that of a teacher, in the public common
4389 12 schools in school districts in this State not included
4490 13 within the provisions of this System, or of any other
4591 14 State, territory, dependency or possession of the United
4692 15 States, or in schools operated by or under the auspices of
4793 16 the United States, or under the auspices of any agency or
4894 17 department of any other State, and service during any
4995 18 period of professional speech correction or special
5096 19 education experience for a public agency within this State
5197 20 or any other State, territory, dependency or possession of
5298 21 the United States, and service prior to February 1, 1951
5399 22 as a recreation worker for the Illinois Department of
54100 23 Public Safety, for a period not exceeding the lesser of
55101 24 2/5 of the total creditable service of the member or 10
56102 25 years. The maximum service of 10 years which is allowable
57103 26 under this paragraph shall be reduced by the service
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68114 1 credit which is validated by other retirement systems
69115 2 under paragraph (i) of Section 15-113 and paragraph 1 of
70116 3 Section 17-133. Credit granted under this paragraph may
71117 4 not be used in determination of a retirement annuity or
72118 5 disability benefits unless the member has at least 5 years
73119 6 of creditable service earned subsequent to this employment
74120 7 with one or more of the following systems: Teachers'
75121 8 Retirement System of the State of Illinois, State
76122 9 Universities Retirement System, and the Public School
77123 10 Teachers' Pension and Retirement Fund of Chicago. Whenever
78124 11 such service credit exceeds the maximum allowed for all
79125 12 purposes of this Article, the first service rendered in
80126 13 point of time shall be considered. The changes to this
81127 14 paragraph (2) made by Public Act 86-272 shall apply not
82128 15 only to persons who on or after its effective date (August
83129 16 23, 1989) are in service as a teacher under the System, but
84130 17 also to persons whose status as such a teacher terminated
85131 18 prior to such effective date, whether or not such person
86132 19 is an annuitant on that date.
87133 20 (3) Any periods immediately following teaching
88134 21 service, under this System or under Article 17, (or
89135 22 immediately following service prior to February 1, 1951 as
90136 23 a recreation worker for the Illinois Department of Public
91137 24 Safety) spent in active service with the military forces
92138 25 of the United States; periods spent in educational
93139 26 programs that prepare for return to teaching sponsored by
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104150 1 the federal government following such active military
105151 2 service; if a teacher returns to teaching service within
106152 3 one calendar year after discharge or after the completion
107153 4 of the educational program, a further period, not
108154 5 exceeding one calendar year, between time spent in
109155 6 military service or in such educational programs and the
110156 7 return to employment as a teacher under this System; and a
111157 8 period of up to 2 years of active military service not
112158 9 immediately following employment as a teacher.
113159 10 The changes to this Section and Section 16-128
114160 11 relating to military service made by Public Act 87-794
115161 12 shall apply not only to persons who on or after its
116162 13 effective date are in service as a teacher under the
117163 14 System, but also to persons whose status as a teacher
118164 15 terminated prior to that date, whether or not the person
119165 16 is an annuitant on that date. In the case of an annuitant
120166 17 who applies for credit allowable under this Section for a
121167 18 period of military service that did not immediately follow
122168 19 employment, and who has made the required contributions
123169 20 for such credit, the annuity shall be recalculated to
124170 21 include the additional service credit, with the increase
125171 22 taking effect on the date the System received written
126172 23 notification of the annuitant's intent to purchase the
127173 24 credit, if payment of all the required contributions is
128174 25 made within 60 days of such notice, or else on the first
129175 26 annuity payment date following the date of payment of the
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140186 1 required contributions. In calculating the automatic
141187 2 annual increase for an annuity that has been recalculated
142188 3 under this Section, the increase attributable to the
143189 4 additional service allowable under Public Act 87-794 shall
144190 5 be included in the calculation of automatic annual
145191 6 increases accruing after the effective date of the
146192 7 recalculation.
147193 8 Credit for military service shall be determined as
148194 9 follows: if entry occurs during the months of July,
149195 10 August, or September and the member was a teacher at the
150196 11 end of the immediately preceding school term, credit shall
151197 12 be granted from July 1 of the year in which he or she
152198 13 entered service; if entry occurs during the school term
153199 14 and the teacher was in teaching service at the beginning
154200 15 of the school term, credit shall be granted from July 1 of
155201 16 such year. In all other cases where credit for military
156202 17 service is allowed, credit shall be granted from the date
157203 18 of entry into the service.
158204 19 The total period of military service for which credit
159205 20 is granted shall not exceed 5 years for any member unless
160206 21 the service: (A) is validated before July 1, 1964, and (B)
161207 22 does not extend beyond July 1, 1963. Credit for military
162208 23 service shall be granted under this Section only if not
163209 24 more than 5 years of the military service for which credit
164210 25 is granted under this Section is used by the member to
165211 26 qualify for a military retirement allotment from any
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176222 1 branch of the armed forces of the United States. The
177223 2 changes to this paragraph (3) made by Public Act 86-272
178224 3 shall apply not only to persons who on or after its
179225 4 effective date (August 23, 1989) are in service as a
180226 5 teacher under the System, but also to persons whose status
181227 6 as such a teacher terminated prior to such effective date,
182228 7 whether or not such person is an annuitant on that date.
183229 8 (4) Any periods served as a member of the General
184230 9 Assembly.
185231 10 (5)(i) Any periods for which a teacher, as defined in
186232 11 Section 16-106, is granted a leave of absence, provided he
187233 12 or she returns to teaching service creditable under this
188234 13 System or the State Universities Retirement System
189235 14 following the leave; (ii) periods during which a teacher
190236 15 is involuntarily laid off from teaching, provided he or
191237 16 she returns to teaching following the lay-off; (iii)
192238 17 periods prior to July 1, 1983 during which a teacher
193239 18 ceased covered employment due to pregnancy, provided that
194240 19 the teacher returned to teaching service creditable under
195241 20 this System or the State Universities Retirement System
196242 21 following the pregnancy and submits evidence satisfactory
197243 22 to the Board documenting that the employment ceased due to
198244 23 pregnancy; and (iv) periods prior to July 1, 1983 during
199245 24 which a teacher ceased covered employment for the purpose
200246 25 of adopting an infant under 3 years of age or caring for a
201247 26 newly adopted infant under 3 years of age, provided that
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212258 1 the teacher returned to teaching service creditable under
213259 2 this System or the State Universities Retirement System
214260 3 following the adoption and submits evidence satisfactory
215261 4 to the Board documenting that the employment ceased for
216262 5 the purpose of adopting an infant under 3 years of age or
217263 6 caring for a newly adopted infant under 3 years of age.
218264 7 However, total credit under this paragraph (5) may not
219265 8 exceed 3 years.
220266 9 Any qualified member or annuitant may apply for credit
221267 10 under item (iii) or (iv) of this paragraph (5) without
222268 11 regard to whether service was terminated before June 27,
223269 12 1997 (the effective date of Public Act 90-32). In the case
224270 13 of an annuitant who establishes credit under item (iii) or
225271 14 (iv), the annuity shall be recalculated to include the
226272 15 additional service credit. The increase in annuity shall
227273 16 take effect on the date the System receives written
228274 17 notification of the annuitant's intent to purchase the
229275 18 credit, if the required evidence is submitted and the
230276 19 required contribution paid within 60 days of that
231277 20 notification, otherwise on the first annuity payment date
232278 21 following the System's receipt of the required evidence
233279 22 and contribution. The increase in an annuity recalculated
234280 23 under this provision shall be included in the calculation
235281 24 of automatic annual increases in the annuity accruing
236282 25 after the effective date of the recalculation.
237283 26 Optional credit may be purchased under this paragraph
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248294 1 (5) for periods during which a teacher has been granted a
249295 2 leave of absence pursuant to Section 24-13 of the School
250296 3 Code. A teacher whose service under this Article
251297 4 terminated prior to the effective date of Public Act
252298 5 86-1488 shall be eligible to purchase such optional
253299 6 credit. If a teacher who purchases this optional credit is
254300 7 already receiving a retirement annuity under this Article,
255301 8 the annuity shall be recalculated as if the annuitant had
256302 9 applied for the leave of absence credit at the time of
257303 10 retirement. The difference between the entitled annuity
258304 11 and the actual annuity shall be credited to the purchase
259305 12 of the optional credit. The remainder of the purchase cost
260306 13 of the optional credit shall be paid on or before April 1,
261307 14 1992.
262308 15 The change in this paragraph made by Public Act 86-273
263309 16 shall be applicable to teachers who retire after June 1,
264310 17 1989, as well as to teachers who are in service on that
265311 18 date.
266312 19 (6) Any days of unused and uncompensated accumulated
267313 20 sick leave earned by a teacher. The service credit granted
268314 21 under this paragraph shall be the ratio of the number of
269315 22 unused and uncompensated accumulated sick leave days to
270316 23 170 days, subject to a maximum of 2 years of service
271317 24 credit. Prior to the member's retirement, each former
272318 25 employer shall certify to the System the number of unused
273319 26 and uncompensated accumulated sick leave days credited to
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284330 1 the member at the time of termination of service. The
285331 2 period of unused sick leave shall not be considered in
286332 3 determining the effective date of retirement. A member is
287333 4 not required to make contributions in order to obtain
288334 5 service credit for unused sick leave.
289335 6 Credit for sick leave shall, at retirement, be granted
290336 7 by the System for any retiring regional or assistant
291337 8 regional superintendent of schools at the rate of 6 days
292338 9 per year of creditable service or portion thereof
293339 10 established while serving as such superintendent or
294340 11 assistant superintendent.
295341 12 (7) Periods prior to February 1, 1987 served as an
296342 13 employee of the Illinois Mathematics and Science Academy
297343 14 for which credit has not been terminated under Section
298344 15 15-113.9 of this Code.
299345 16 (8) Service as a substitute teacher for work performed
300346 17 prior to July 1, 1990.
301347 18 (9) Service as a part-time teacher for work performed
302348 19 prior to July 1, 1990.
303349 20 (10) Up to 2 years of employment with Southern
304350 21 Illinois University - Carbondale from September 1, 1959 to
305351 22 August 31, 1961, or with Governors State University from
306352 23 September 1, 1972 to August 31, 1974, for which the
307353 24 teacher has no credit under Article 15. To receive credit
308354 25 under this item (10), a teacher must apply in writing to
309355 26 the Board and pay the required contributions before May 1,
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320366 1 1993 and have at least 12 years of service credit under
321367 2 this Article.
322368 3 (11) Periods of service as a student teacher as
323369 4 described in Section 24-8.5 of the School Code for which
324370 5 the student teacher received a salary.
325371 6 (12) Periods of service as a student teacher under
326372 7 Section 9.45 of the Board of Higher Education Act.
327373 8 (b-1) A member may establish optional credit for up to 2
328374 9 years of service as a teacher or administrator employed by a
329375 10 private school recognized by the Illinois State Board of
330376 11 Education, provided that the teacher (i) was certified under
331377 12 the law governing the certification of teachers at the time
332378 13 the service was rendered, (ii) applies in writing on or before
333379 14 June 30, 2028, (iii) supplies satisfactory evidence of the
334380 15 employment, (iv) completes at least 10 years of contributing
335381 16 service as a teacher as defined in Section 16-106, and (v) pays
336382 17 the contribution required in subsection (d-5) of Section
337383 18 16-128. The member may apply for credit under this subsection
338384 19 and pay the required contribution before completing the 10
339385 20 years of contributing service required under item (iv), but
340386 21 the credit may not be used until the item (iv) contributing
341387 22 service requirement has been met.
342388 23 (c) The service credits specified in this Section shall be
343389 24 granted only if: (1) such service credits are not used for
344390 25 credit in any other statutory tax-supported public employee
345391 26 retirement system other than the federal Social Security
346392
347393
348394
349395
350396
351- HB1375 Engrossed - 10 - LRB104 05627 LNS 15657 b
397+ HB1375 - 10 - LRB104 05627 LNS 15657 b
352398
353399
354-HB1375 Engrossed- 11 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 11 - LRB104 05627 LNS 15657 b
355- HB1375 Engrossed - 11 - LRB104 05627 LNS 15657 b
400+HB1375- 11 -LRB104 05627 LNS 15657 b HB1375 - 11 - LRB104 05627 LNS 15657 b
401+ HB1375 - 11 - LRB104 05627 LNS 15657 b
356402 1 program; and (2) the member makes the required contributions
357403 2 as specified in Section 16-128. Except as provided in
358404 3 subsection (b-1) of this Section, the service credit shall be
359405 4 effective as of the date the required contributions are
360406 5 completed.
361407 6 Any service credits granted under this Section shall
362408 7 terminate upon cessation of membership for any cause.
363409 8 Credit may not be granted under this Section covering any
364410 9 period for which an age retirement or disability retirement
365411 10 allowance has been paid.
366412 11 Credit may not be granted under this Section for service
367413 12 as an employee of an entity that provides substitute teaching
368414 13 services under Section 2-3.173 of the School Code and is not a
369415 14 school district.
370416 15 (Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23;
371417 16 103-525, eff. 8-11-23; 103-605, eff. 7-1-24.)
372418 17 (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
373419 18 Sec. 16-158. Contributions by State and other employing
374420 19 units.
375421 20 (a) The State shall make contributions to the System by
376422 21 means of appropriations from the Common School Fund and other
377423 22 State funds of amounts which, together with other employer
378424 23 contributions, employee contributions, investment income, and
379425 24 other income, will be sufficient to meet the cost of
380426 25 maintaining and administering the System on a 90% funded basis
381427
382428
383429
384430
385431
386- HB1375 Engrossed - 11 - LRB104 05627 LNS 15657 b
432+ HB1375 - 11 - LRB104 05627 LNS 15657 b
387433
388434
389-HB1375 Engrossed- 12 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 12 - LRB104 05627 LNS 15657 b
390- HB1375 Engrossed - 12 - LRB104 05627 LNS 15657 b
435+HB1375- 12 -LRB104 05627 LNS 15657 b HB1375 - 12 - LRB104 05627 LNS 15657 b
436+ HB1375 - 12 - LRB104 05627 LNS 15657 b
391437 1 in accordance with actuarial recommendations.
392438 2 The Board shall determine the amount of State
393439 3 contributions required for each fiscal year on the basis of
394440 4 the actuarial tables and other assumptions adopted by the
395441 5 Board and the recommendations of the actuary, using the
396442 6 formula in subsection (b-3).
397443 7 (a-1) Annually, on or before November 15 until November
398444 8 15, 2011, the Board shall certify to the Governor the amount of
399445 9 the required State contribution for the coming fiscal year.
400446 10 The certification under this subsection (a-1) shall include a
401447 11 copy of the actuarial recommendations upon which it is based
402448 12 and shall specifically identify the System's projected State
403449 13 normal cost for that fiscal year.
404450 14 On or before May 1, 2004, the Board shall recalculate and
405451 15 recertify to the Governor the amount of the required State
406452 16 contribution to the System for State fiscal year 2005, taking
407453 17 into account the amounts appropriated to and received by the
408454 18 System under subsection (d) of Section 7.2 of the General
409455 19 Obligation Bond Act.
410456 20 On or before July 1, 2005, the Board shall recalculate and
411457 21 recertify to the Governor the amount of the required State
412458 22 contribution to the System for State fiscal year 2006, taking
413459 23 into account the changes in required State contributions made
414460 24 by Public Act 94-4.
415461 25 On or before April 1, 2011, the Board shall recalculate
416462 26 and recertify to the Governor the amount of the required State
417463
418464
419465
420466
421467
422- HB1375 Engrossed - 12 - LRB104 05627 LNS 15657 b
468+ HB1375 - 12 - LRB104 05627 LNS 15657 b
423469
424470
425-HB1375 Engrossed- 13 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 13 - LRB104 05627 LNS 15657 b
426- HB1375 Engrossed - 13 - LRB104 05627 LNS 15657 b
471+HB1375- 13 -LRB104 05627 LNS 15657 b HB1375 - 13 - LRB104 05627 LNS 15657 b
472+ HB1375 - 13 - LRB104 05627 LNS 15657 b
427473 1 contribution to the System for State fiscal year 2011,
428474 2 applying the changes made by Public Act 96-889 to the System's
429475 3 assets and liabilities as of June 30, 2009 as though Public Act
430476 4 96-889 was approved on that date.
431477 5 (a-5) On or before November 1 of each year, beginning
432478 6 November 1, 2012, the Board shall submit to the State Actuary,
433479 7 the Governor, and the General Assembly a proposed
434480 8 certification of the amount of the required State contribution
435481 9 to the System for the next fiscal year, along with all of the
436482 10 actuarial assumptions, calculations, and data upon which that
437483 11 proposed certification is based. On or before January 1 of
438484 12 each year, beginning January 1, 2013, the State Actuary shall
439485 13 issue a preliminary report concerning the proposed
440486 14 certification and identifying, if necessary, recommended
441487 15 changes in actuarial assumptions that the Board must consider
442488 16 before finalizing its certification of the required State
443489 17 contributions. On or before January 15, 2013 and each January
444490 18 15 thereafter, the Board shall certify to the Governor and the
445491 19 General Assembly the amount of the required State contribution
446492 20 for the next fiscal year. The Board's certification must note
447493 21 any deviations from the State Actuary's recommended changes,
448494 22 the reason or reasons for not following the State Actuary's
449495 23 recommended changes, and the fiscal impact of not following
450496 24 the State Actuary's recommended changes on the required State
451497 25 contribution.
452498 26 (a-10) By November 1, 2017, the Board shall recalculate
453499
454500
455501
456502
457503
458- HB1375 Engrossed - 13 - LRB104 05627 LNS 15657 b
504+ HB1375 - 13 - LRB104 05627 LNS 15657 b
459505
460506
461-HB1375 Engrossed- 14 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 14 - LRB104 05627 LNS 15657 b
462- HB1375 Engrossed - 14 - LRB104 05627 LNS 15657 b
507+HB1375- 14 -LRB104 05627 LNS 15657 b HB1375 - 14 - LRB104 05627 LNS 15657 b
508+ HB1375 - 14 - LRB104 05627 LNS 15657 b
463509 1 and recertify to the State Actuary, the Governor, and the
464510 2 General Assembly the amount of the State contribution to the
465511 3 System for State fiscal year 2018, taking into account the
466512 4 changes in required State contributions made by Public Act
467513 5 100-23. The State Actuary shall review the assumptions and
468514 6 valuations underlying the Board's revised certification and
469515 7 issue a preliminary report concerning the proposed
470516 8 recertification and identifying, if necessary, recommended
471517 9 changes in actuarial assumptions that the Board must consider
472518 10 before finalizing its certification of the required State
473519 11 contributions. The Board's final certification must note any
474520 12 deviations from the State Actuary's recommended changes, the
475521 13 reason or reasons for not following the State Actuary's
476522 14 recommended changes, and the fiscal impact of not following
477523 15 the State Actuary's recommended changes on the required State
478524 16 contribution.
479525 17 (a-15) On or after June 15, 2019, but no later than June
480526 18 30, 2019, the Board shall recalculate and recertify to the
481527 19 Governor and the General Assembly the amount of the State
482528 20 contribution to the System for State fiscal year 2019, taking
483529 21 into account the changes in required State contributions made
484530 22 by Public Act 100-587. The recalculation shall be made using
485531 23 assumptions adopted by the Board for the original fiscal year
486532 24 2019 certification. The monthly voucher for the 12th month of
487533 25 fiscal year 2019 shall be paid by the Comptroller after the
488534 26 recertification required pursuant to this subsection is
489535
490536
491537
492538
493539
494- HB1375 Engrossed - 14 - LRB104 05627 LNS 15657 b
540+ HB1375 - 14 - LRB104 05627 LNS 15657 b
495541
496542
497-HB1375 Engrossed- 15 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 15 - LRB104 05627 LNS 15657 b
498- HB1375 Engrossed - 15 - LRB104 05627 LNS 15657 b
543+HB1375- 15 -LRB104 05627 LNS 15657 b HB1375 - 15 - LRB104 05627 LNS 15657 b
544+ HB1375 - 15 - LRB104 05627 LNS 15657 b
499545 1 submitted to the Governor, Comptroller, and General Assembly.
500546 2 The recertification submitted to the General Assembly shall be
501547 3 filed with the Clerk of the House of Representatives and the
502548 4 Secretary of the Senate in electronic form only, in the manner
503549 5 that the Clerk and the Secretary shall direct.
504550 6 (b) Through State fiscal year 1995, the State
505551 7 contributions shall be paid to the System in accordance with
506552 8 Section 18-7 of the School Code.
507553 9 (b-1) Unless otherwise directed by the Comptroller under
508554 10 subsection (b-1.1), the Board shall submit vouchers for
509555 11 payment of State contributions to the System for the
510556 12 applicable month on the 15th day of each month, or as soon
511557 13 thereafter as may be practicable. The amount vouchered for a
512558 14 monthly payment shall total one-twelfth of the required annual
513559 15 State contribution certified under subsection (a-1).
514560 16 (b-1.1) Beginning in State fiscal year 2025, if the
515561 17 Comptroller requests that the Board submit, during a State
516562 18 fiscal year, vouchers for multiple monthly payments for the
517563 19 advance payment of State contributions due to the System for
518564 20 that State fiscal year, then the Board shall submit those
519565 21 additional vouchers as directed by the Comptroller,
520566 22 notwithstanding subsection (b-1). Unless an act of
521567 23 appropriations provides otherwise, nothing in this Section
522568 24 authorizes the Board to submit, in a State fiscal year,
523569 25 vouchers for the payment of State contributions to the System
524570 26 in an amount that exceeds the rate of payroll that is certified
525571
526572
527573
528574
529575
530- HB1375 Engrossed - 15 - LRB104 05627 LNS 15657 b
576+ HB1375 - 15 - LRB104 05627 LNS 15657 b
531577
532578
533-HB1375 Engrossed- 16 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 16 - LRB104 05627 LNS 15657 b
534- HB1375 Engrossed - 16 - LRB104 05627 LNS 15657 b
579+HB1375- 16 -LRB104 05627 LNS 15657 b HB1375 - 16 - LRB104 05627 LNS 15657 b
580+ HB1375 - 16 - LRB104 05627 LNS 15657 b
535581 1 by the System under this Section for that State fiscal year.
536582 2 (b-1.2) The vouchers described in subsections (b-1) and
537583 3 (b-1.1) shall be paid by the State Comptroller and Treasurer
538584 4 by warrants drawn on the funds appropriated to the System for
539585 5 that fiscal year.
540586 6 If in any month the amount remaining unexpended from all
541587 7 other appropriations to the System for the applicable fiscal
542588 8 year (including the appropriations to the System under Section
543589 9 8.12 of the State Finance Act and Section 1 of the State
544590 10 Pension Funds Continuing Appropriation Act) is less than the
545591 11 amount lawfully vouchered under this subsection, the
546592 12 difference shall be paid from the Common School Fund under the
547593 13 continuing appropriation authority provided in Section 1.1 of
548594 14 the State Pension Funds Continuing Appropriation Act.
549595 15 (b-2) Allocations from the Common School Fund apportioned
550596 16 to school districts not coming under this System shall not be
551597 17 diminished or affected by the provisions of this Article.
552598 18 (b-3) For State fiscal years 2012 through 2045, the
553599 19 minimum contribution to the System to be made by the State for
554600 20 each fiscal year shall be an amount determined by the System to
555601 21 be sufficient to bring the total assets of the System up to 90%
556602 22 of the total actuarial liabilities of the System by the end of
557603 23 State fiscal year 2045. In making these determinations, the
558604 24 required State contribution shall be calculated each year as a
559605 25 level percentage of payroll over the years remaining to and
560606 26 including fiscal year 2045 and shall be determined under the
561607
562608
563609
564610
565611
566- HB1375 Engrossed - 16 - LRB104 05627 LNS 15657 b
612+ HB1375 - 16 - LRB104 05627 LNS 15657 b
567613
568614
569-HB1375 Engrossed- 17 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 17 - LRB104 05627 LNS 15657 b
570- HB1375 Engrossed - 17 - LRB104 05627 LNS 15657 b
615+HB1375- 17 -LRB104 05627 LNS 15657 b HB1375 - 17 - LRB104 05627 LNS 15657 b
616+ HB1375 - 17 - LRB104 05627 LNS 15657 b
571617 1 projected unit credit actuarial cost method.
572618 2 For each of State fiscal years 2018, 2019, and 2020, the
573619 3 State shall make an additional contribution to the System
574620 4 equal to 2% of the total payroll of each employee who is deemed
575621 5 to have elected the benefits under Section 1-161 or who has
576622 6 made the election under subsection (c) of Section 1-161.
577623 7 A change in an actuarial or investment assumption that
578624 8 increases or decreases the required State contribution and
579625 9 first applies in State fiscal year 2018 or thereafter shall be
580626 10 implemented in equal annual amounts over a 5-year period
581627 11 beginning in the State fiscal year in which the actuarial
582628 12 change first applies to the required State contribution.
583629 13 A change in an actuarial or investment assumption that
584630 14 increases or decreases the required State contribution and
585631 15 first applied to the State contribution in fiscal year 2014,
586632 16 2015, 2016, or 2017 shall be implemented:
587633 17 (i) as already applied in State fiscal years before
588634 18 2018; and
589635 19 (ii) in the portion of the 5-year period beginning in
590636 20 the State fiscal year in which the actuarial change first
591637 21 applied that occurs in State fiscal year 2018 or
592638 22 thereafter, by calculating the change in equal annual
593639 23 amounts over that 5-year period and then implementing it
594640 24 at the resulting annual rate in each of the remaining
595641 25 fiscal years in that 5-year period.
596642 26 For State fiscal years 1996 through 2005, the State
597643
598644
599645
600646
601647
602- HB1375 Engrossed - 17 - LRB104 05627 LNS 15657 b
648+ HB1375 - 17 - LRB104 05627 LNS 15657 b
603649
604650
605-HB1375 Engrossed- 18 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 18 - LRB104 05627 LNS 15657 b
606- HB1375 Engrossed - 18 - LRB104 05627 LNS 15657 b
651+HB1375- 18 -LRB104 05627 LNS 15657 b HB1375 - 18 - LRB104 05627 LNS 15657 b
652+ HB1375 - 18 - LRB104 05627 LNS 15657 b
607653 1 contribution to the System, as a percentage of the applicable
608654 2 employee payroll, shall be increased in equal annual
609655 3 increments so that by State fiscal year 2011, the State is
610656 4 contributing at the rate required under this Section; except
611657 5 that in the following specified State fiscal years, the State
612658 6 contribution to the System shall not be less than the
613659 7 following indicated percentages of the applicable employee
614660 8 payroll, even if the indicated percentage will produce a State
615661 9 contribution in excess of the amount otherwise required under
616662 10 this subsection and subsection (a), and notwithstanding any
617663 11 contrary certification made under subsection (a-1) before May
618664 12 27, 1998 (the effective date of Public Act 90-582): 10.02% in
619665 13 FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
620666 14 2002; 12.86% in FY 2003; and 13.56% in FY 2004.
621667 15 Notwithstanding any other provision of this Article, the
622668 16 total required State contribution for State fiscal year 2006
623669 17 is $534,627,700.
624670 18 Notwithstanding any other provision of this Article, the
625671 19 total required State contribution for State fiscal year 2007
626672 20 is $738,014,500.
627673 21 For each of State fiscal years 2008 through 2009, the
628674 22 State contribution to the System, as a percentage of the
629675 23 applicable employee payroll, shall be increased in equal
630676 24 annual increments from the required State contribution for
631677 25 State fiscal year 2007, so that by State fiscal year 2011, the
632678 26 State is contributing at the rate otherwise required under
633679
634680
635681
636682
637683
638- HB1375 Engrossed - 18 - LRB104 05627 LNS 15657 b
684+ HB1375 - 18 - LRB104 05627 LNS 15657 b
639685
640686
641-HB1375 Engrossed- 19 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 19 - LRB104 05627 LNS 15657 b
642- HB1375 Engrossed - 19 - LRB104 05627 LNS 15657 b
687+HB1375- 19 -LRB104 05627 LNS 15657 b HB1375 - 19 - LRB104 05627 LNS 15657 b
688+ HB1375 - 19 - LRB104 05627 LNS 15657 b
643689 1 this Section.
644690 2 Notwithstanding any other provision of this Article, the
645691 3 total required State contribution for State fiscal year 2010
646692 4 is $2,089,268,000 and shall be made from the proceeds of bonds
647693 5 sold in fiscal year 2010 pursuant to Section 7.2 of the General
648694 6 Obligation Bond Act, less (i) the pro rata share of bond sale
649695 7 expenses determined by the System's share of total bond
650696 8 proceeds, (ii) any amounts received from the Common School
651697 9 Fund in fiscal year 2010, and (iii) any reduction in bond
652698 10 proceeds due to the issuance of discounted bonds, if
653699 11 applicable.
654700 12 Notwithstanding any other provision of this Article, the
655701 13 total required State contribution for State fiscal year 2011
656702 14 is the amount recertified by the System on or before April 1,
657703 15 2011 pursuant to subsection (a-1) of this Section and shall be
658704 16 made from the proceeds of bonds sold in fiscal year 2011
659705 17 pursuant to Section 7.2 of the General Obligation Bond Act,
660706 18 less (i) the pro rata share of bond sale expenses determined by
661707 19 the System's share of total bond proceeds, (ii) any amounts
662708 20 received from the Common School Fund in fiscal year 2011, and
663709 21 (iii) any reduction in bond proceeds due to the issuance of
664710 22 discounted bonds, if applicable. This amount shall include, in
665711 23 addition to the amount certified by the System, an amount
666712 24 necessary to meet employer contributions required by the State
667713 25 as an employer under paragraph (e) of this Section, which may
668714 26 also be used by the System for contributions required by
669715
670716
671717
672718
673719
674- HB1375 Engrossed - 19 - LRB104 05627 LNS 15657 b
720+ HB1375 - 19 - LRB104 05627 LNS 15657 b
675721
676722
677-HB1375 Engrossed- 20 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 20 - LRB104 05627 LNS 15657 b
678- HB1375 Engrossed - 20 - LRB104 05627 LNS 15657 b
723+HB1375- 20 -LRB104 05627 LNS 15657 b HB1375 - 20 - LRB104 05627 LNS 15657 b
724+ HB1375 - 20 - LRB104 05627 LNS 15657 b
679725 1 paragraph (a) of Section 16-127.
680726 2 Beginning in State fiscal year 2046, the minimum State
681727 3 contribution for each fiscal year shall be the amount needed
682728 4 to maintain the total assets of the System at 90% of the total
683729 5 actuarial liabilities of the System.
684730 6 Amounts received by the System pursuant to Section 25 of
685731 7 the Budget Stabilization Act or Section 8.12 of the State
686732 8 Finance Act in any fiscal year do not reduce and do not
687733 9 constitute payment of any portion of the minimum State
688734 10 contribution required under this Article in that fiscal year.
689735 11 Such amounts shall not reduce, and shall not be included in the
690736 12 calculation of, the required State contributions under this
691737 13 Article in any future year until the System has reached a
692738 14 funding ratio of at least 90%. A reference in this Article to
693739 15 the "required State contribution" or any substantially similar
694740 16 term does not include or apply to any amounts payable to the
695741 17 System under Section 25 of the Budget Stabilization Act.
696742 18 Notwithstanding any other provision of this Section, the
697743 19 required State contribution for State fiscal year 2005 and for
698744 20 fiscal year 2008 and each fiscal year thereafter, as
699745 21 calculated under this Section and certified under subsection
700746 22 (a-1), shall not exceed an amount equal to (i) the amount of
701747 23 the required State contribution that would have been
702748 24 calculated under this Section for that fiscal year if the
703749 25 System had not received any payments under subsection (d) of
704750 26 Section 7.2 of the General Obligation Bond Act, minus (ii) the
705751
706752
707753
708754
709755
710- HB1375 Engrossed - 20 - LRB104 05627 LNS 15657 b
756+ HB1375 - 20 - LRB104 05627 LNS 15657 b
711757
712758
713-HB1375 Engrossed- 21 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 21 - LRB104 05627 LNS 15657 b
714- HB1375 Engrossed - 21 - LRB104 05627 LNS 15657 b
759+HB1375- 21 -LRB104 05627 LNS 15657 b HB1375 - 21 - LRB104 05627 LNS 15657 b
760+ HB1375 - 21 - LRB104 05627 LNS 15657 b
715761 1 portion of the State's total debt service payments for that
716762 2 fiscal year on the bonds issued in fiscal year 2003 for the
717763 3 purposes of that Section 7.2, as determined and certified by
718764 4 the Comptroller, that is the same as the System's portion of
719765 5 the total moneys distributed under subsection (d) of Section
720766 6 7.2 of the General Obligation Bond Act. In determining this
721767 7 maximum for State fiscal years 2008 through 2010, however, the
722768 8 amount referred to in item (i) shall be increased, as a
723769 9 percentage of the applicable employee payroll, in equal
724770 10 increments calculated from the sum of the required State
725771 11 contribution for State fiscal year 2007 plus the applicable
726772 12 portion of the State's total debt service payments for fiscal
727773 13 year 2007 on the bonds issued in fiscal year 2003 for the
728774 14 purposes of Section 7.2 of the General Obligation Bond Act, so
729775 15 that, by State fiscal year 2011, the State is contributing at
730776 16 the rate otherwise required under this Section.
731777 17 (b-4) Beginning in fiscal year 2018, each employer under
732778 18 this Article shall pay to the System a required contribution
733779 19 determined as a percentage of projected payroll and sufficient
734780 20 to produce an annual amount equal to:
735781 21 (i) for each of fiscal years 2018, 2019, and 2020, the
736782 22 defined benefit normal cost of the defined benefit plan,
737783 23 less the employee contribution, for each employee of that
738784 24 employer who has elected or who is deemed to have elected
739785 25 the benefits under Section 1-161 or who has made the
740786 26 election under subsection (b) of Section 1-161; for fiscal
741787
742788
743789
744790
745791
746- HB1375 Engrossed - 21 - LRB104 05627 LNS 15657 b
792+ HB1375 - 21 - LRB104 05627 LNS 15657 b
747793
748794
749-HB1375 Engrossed- 22 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 22 - LRB104 05627 LNS 15657 b
750- HB1375 Engrossed - 22 - LRB104 05627 LNS 15657 b
795+HB1375- 22 -LRB104 05627 LNS 15657 b HB1375 - 22 - LRB104 05627 LNS 15657 b
796+ HB1375 - 22 - LRB104 05627 LNS 15657 b
751797 1 year 2021 and each fiscal year thereafter, the defined
752798 2 benefit normal cost of the defined benefit plan, less the
753799 3 employee contribution, plus 2%, for each employee of that
754800 4 employer who has elected or who is deemed to have elected
755801 5 the benefits under Section 1-161 or who has made the
756802 6 election under subsection (b) of Section 1-161; plus
757803 7 (ii) the amount required for that fiscal year to
758804 8 amortize any unfunded actuarial accrued liability
759805 9 associated with the present value of liabilities
760806 10 attributable to the employer's account under Section
761807 11 16-158.3, determined as a level percentage of payroll over
762808 12 a 30-year rolling amortization period.
763809 13 In determining contributions required under item (i) of
764810 14 this subsection, the System shall determine an aggregate rate
765811 15 for all employers, expressed as a percentage of projected
766812 16 payroll.
767813 17 In determining the contributions required under item (ii)
768814 18 of this subsection, the amount shall be computed by the System
769815 19 on the basis of the actuarial assumptions and tables used in
770816 20 the most recent actuarial valuation of the System that is
771817 21 available at the time of the computation.
772818 22 The contributions required under this subsection (b-4)
773819 23 shall be paid by an employer concurrently with that employer's
774820 24 payroll payment period. The State, as the actual employer of
775821 25 an employee, shall make the required contributions under this
776822 26 subsection.
777823
778824
779825
780826
781827
782- HB1375 Engrossed - 22 - LRB104 05627 LNS 15657 b
828+ HB1375 - 22 - LRB104 05627 LNS 15657 b
783829
784830
785-HB1375 Engrossed- 23 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 23 - LRB104 05627 LNS 15657 b
786- HB1375 Engrossed - 23 - LRB104 05627 LNS 15657 b
831+HB1375- 23 -LRB104 05627 LNS 15657 b HB1375 - 23 - LRB104 05627 LNS 15657 b
832+ HB1375 - 23 - LRB104 05627 LNS 15657 b
787833 1 (c) Payment of the required State contributions and of all
788834 2 pensions, retirement annuities, death benefits, refunds, and
789835 3 other benefits granted under or assumed by this System, and
790836 4 all expenses in connection with the administration and
791837 5 operation thereof, are obligations of the State.
792838 6 If members are paid from special trust or federal funds
793839 7 which are administered by the employing unit, whether school
794840 8 district or other unit, the employing unit shall pay to the
795841 9 System from such funds the full accruing retirement costs
796842 10 based upon that service, which, beginning July 1, 2017, shall
797843 11 be at a rate, expressed as a percentage of salary, equal to the
798844 12 total employer's normal cost, expressed as a percentage of
799845 13 payroll, as determined by the System. Employer contributions,
800846 14 based on salary paid to members from federal funds, may be
801847 15 forwarded by the distributing agency of the State of Illinois
802848 16 to the System prior to allocation, in an amount determined in
803849 17 accordance with guidelines established by such agency and the
804850 18 System. Any contribution for fiscal year 2015 collected as a
805851 19 result of the change made by Public Act 98-674 shall be
806852 20 considered a State contribution under subsection (b-3) of this
807853 21 Section.
808854 22 (d) Effective July 1, 1986, any employer of a teacher as
809855 23 defined in paragraph (8) of Section 16-106 shall pay the
810856 24 employer's normal cost of benefits based upon the teacher's
811857 25 service, in addition to employee contributions, as determined
812858 26 by the System. Such employer contributions shall be forwarded
813859
814860
815861
816862
817863
818- HB1375 Engrossed - 23 - LRB104 05627 LNS 15657 b
864+ HB1375 - 23 - LRB104 05627 LNS 15657 b
819865
820866
821-HB1375 Engrossed- 24 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 24 - LRB104 05627 LNS 15657 b
822- HB1375 Engrossed - 24 - LRB104 05627 LNS 15657 b
867+HB1375- 24 -LRB104 05627 LNS 15657 b HB1375 - 24 - LRB104 05627 LNS 15657 b
868+ HB1375 - 24 - LRB104 05627 LNS 15657 b
823869 1 monthly in accordance with guidelines established by the
824870 2 System.
825871 3 However, with respect to benefits granted under Section
826872 4 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
827873 5 of Section 16-106, the employer's contribution shall be 12%
828874 6 (rather than 20%) of the member's highest annual salary rate
829875 7 for each year of creditable service granted, and the employer
830876 8 shall also pay the required employee contribution on behalf of
831877 9 the teacher. For the purposes of Sections 16-133.4 and
832878 10 16-133.5, a teacher as defined in paragraph (8) of Section
833879 11 16-106 who is serving in that capacity while on leave of
834880 12 absence from another employer under this Article shall not be
835881 13 considered an employee of the employer from which the teacher
836882 14 is on leave.
837883 15 (e) Beginning July 1, 1998, every employer of a teacher
838884 16 shall pay to the System an employer contribution computed as
839885 17 follows:
840886 18 (1) Beginning July 1, 1998 through June 30, 1999, the
841887 19 employer contribution shall be equal to 0.3% of each
842888 20 teacher's salary.
843889 21 (2) Beginning July 1, 1999 and thereafter, the
844890 22 employer contribution shall be equal to 0.58% of each
845891 23 teacher's salary.
846892 24 The school district or other employing unit may pay these
847893 25 employer contributions out of any source of funding available
848894 26 for that purpose and shall forward the contributions to the
849895
850896
851897
852898
853899
854- HB1375 Engrossed - 24 - LRB104 05627 LNS 15657 b
900+ HB1375 - 24 - LRB104 05627 LNS 15657 b
855901
856902
857-HB1375 Engrossed- 25 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 25 - LRB104 05627 LNS 15657 b
858- HB1375 Engrossed - 25 - LRB104 05627 LNS 15657 b
903+HB1375- 25 -LRB104 05627 LNS 15657 b HB1375 - 25 - LRB104 05627 LNS 15657 b
904+ HB1375 - 25 - LRB104 05627 LNS 15657 b
859905 1 System on the schedule established for the payment of member
860906 2 contributions.
861907 3 These employer contributions are intended to offset a
862908 4 portion of the cost to the System of the increases in
863909 5 retirement benefits resulting from Public Act 90-582.
864910 6 Each employer of teachers is entitled to a credit against
865911 7 the contributions required under this subsection (e) with
866912 8 respect to salaries paid to teachers for the period January 1,
867913 9 2002 through June 30, 2003, equal to the amount paid by that
868914 10 employer under subsection (a-5) of Section 6.6 of the State
869915 11 Employees Group Insurance Act of 1971 with respect to salaries
870916 12 paid to teachers for that period.
871917 13 The additional 1% employee contribution required under
872918 14 Section 16-152 by Public Act 90-582 is the responsibility of
873919 15 the teacher and not the teacher's employer, unless the
874920 16 employer agrees, through collective bargaining or otherwise,
875921 17 to make the contribution on behalf of the teacher.
876922 18 If an employer is required by a contract in effect on May
877923 19 1, 1998 between the employer and an employee organization to
878924 20 pay, on behalf of all its full-time employees covered by this
879925 21 Article, all mandatory employee contributions required under
880926 22 this Article, then the employer shall be excused from paying
881927 23 the employer contribution required under this subsection (e)
882928 24 for the balance of the term of that contract. The employer and
883929 25 the employee organization shall jointly certify to the System
884930 26 the existence of the contractual requirement, in such form as
885931
886932
887933
888934
889935
890- HB1375 Engrossed - 25 - LRB104 05627 LNS 15657 b
936+ HB1375 - 25 - LRB104 05627 LNS 15657 b
891937
892938
893-HB1375 Engrossed- 26 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 26 - LRB104 05627 LNS 15657 b
894- HB1375 Engrossed - 26 - LRB104 05627 LNS 15657 b
939+HB1375- 26 -LRB104 05627 LNS 15657 b HB1375 - 26 - LRB104 05627 LNS 15657 b
940+ HB1375 - 26 - LRB104 05627 LNS 15657 b
895941 1 the System may prescribe. This exclusion shall cease upon the
896942 2 termination, extension, or renewal of the contract at any time
897943 3 after May 1, 1998.
898944 4 (f) If the amount of a teacher's salary for any school year
899945 5 used to determine final average salary exceeds the member's
900946 6 annual full-time salary rate with the same employer for the
901947 7 previous school year by more than 6%, the teacher's employer
902948 8 shall pay to the System, in addition to all other payments
903949 9 required under this Section and in accordance with guidelines
904950 10 established by the System, the present value of the increase
905951 11 in benefits resulting from the portion of the increase in
906952 12 salary that is in excess of 6%. This present value shall be
907953 13 computed by the System on the basis of the actuarial
908954 14 assumptions and tables used in the most recent actuarial
909955 15 valuation of the System that is available at the time of the
910956 16 computation. If a teacher's salary for the 2005-2006 school
911957 17 year is used to determine final average salary under this
912958 18 subsection (f), then the changes made to this subsection (f)
913959 19 by Public Act 94-1057 shall apply in calculating whether the
914960 20 increase in his or her salary is in excess of 6%. For the
915961 21 purposes of this Section, change in employment under Section
916962 22 10-21.12 of the School Code on or after June 1, 2005 shall
917963 23 constitute a change in employer. The System may require the
918964 24 employer to provide any pertinent information or
919965 25 documentation. The changes made to this subsection (f) by
920966 26 Public Act 94-1111 apply without regard to whether the teacher
921967
922968
923969
924970
925971
926- HB1375 Engrossed - 26 - LRB104 05627 LNS 15657 b
972+ HB1375 - 26 - LRB104 05627 LNS 15657 b
927973
928974
929-HB1375 Engrossed- 27 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 27 - LRB104 05627 LNS 15657 b
930- HB1375 Engrossed - 27 - LRB104 05627 LNS 15657 b
975+HB1375- 27 -LRB104 05627 LNS 15657 b HB1375 - 27 - LRB104 05627 LNS 15657 b
976+ HB1375 - 27 - LRB104 05627 LNS 15657 b
931977 1 was in service on or after its effective date.
932978 2 Whenever it determines that a payment is or may be
933979 3 required under this subsection, the System shall calculate the
934980 4 amount of the payment and bill the employer for that amount.
935981 5 The bill shall specify the calculations used to determine the
936982 6 amount due. If the employer disputes the amount of the bill, it
937983 7 may, within 30 days after receipt of the bill, apply to the
938984 8 System in writing for a recalculation. The application must
939985 9 specify in detail the grounds of the dispute and, if the
940986 10 employer asserts that the calculation is subject to subsection
941987 11 (g), (g-5), (g-10), (g-15), (g-20), (g-25), or (h) of this
942988 12 Section, must include an affidavit setting forth and attesting
943989 13 to all facts within the employer's knowledge that are
944990 14 pertinent to the applicability of that subsection. Upon
945991 15 receiving a timely application for recalculation, the System
946992 16 shall review the application and, if appropriate, recalculate
947993 17 the amount due.
948994 18 The employer contributions required under this subsection
949995 19 (f) may be paid in the form of a lump sum within 90 days after
950996 20 receipt of the bill. If the employer contributions are not
951997 21 paid within 90 days after receipt of the bill, then interest
952998 22 will be charged at a rate equal to the System's annual
953999 23 actuarially assumed rate of return on investment compounded
9541000 24 annually from the 91st day after receipt of the bill. Payments
9551001 25 must be concluded within 3 years after the employer's receipt
9561002 26 of the bill.
9571003
9581004
9591005
9601006
9611007
962- HB1375 Engrossed - 27 - LRB104 05627 LNS 15657 b
1008+ HB1375 - 27 - LRB104 05627 LNS 15657 b
9631009
9641010
965-HB1375 Engrossed- 28 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 28 - LRB104 05627 LNS 15657 b
966- HB1375 Engrossed - 28 - LRB104 05627 LNS 15657 b
1011+HB1375- 28 -LRB104 05627 LNS 15657 b HB1375 - 28 - LRB104 05627 LNS 15657 b
1012+ HB1375 - 28 - LRB104 05627 LNS 15657 b
9671013 1 (f-1) (Blank).
9681014 2 (g) This subsection (g) applies only to payments made or
9691015 3 salary increases given on or after June 1, 2005 but before July
9701016 4 1, 2011. The changes made by Public Act 94-1057 shall not
9711017 5 require the System to refund any payments received before July
9721018 6 31, 2006 (the effective date of Public Act 94-1057).
9731019 7 When assessing payment for any amount due under subsection
9741020 8 (f), the System shall exclude salary increases paid to
9751021 9 teachers under contracts or collective bargaining agreements
9761022 10 entered into, amended, or renewed before June 1, 2005.
9771023 11 When assessing payment for any amount due under subsection
9781024 12 (f), the System shall exclude salary increases paid to a
9791025 13 teacher at a time when the teacher is 10 or more years from
9801026 14 retirement eligibility under Section 16-132 or 16-133.2.
9811027 15 When assessing payment for any amount due under subsection
9821028 16 (f), the System shall exclude salary increases resulting from
9831029 17 overload work, including summer school, when the school
9841030 18 district has certified to the System, and the System has
9851031 19 approved the certification, that (i) the overload work is for
9861032 20 the sole purpose of classroom instruction in excess of the
9871033 21 standard number of classes for a full-time teacher in a school
9881034 22 district during a school year and (ii) the salary increases
9891035 23 are equal to or less than the rate of pay for classroom
9901036 24 instruction computed on the teacher's current salary and work
9911037 25 schedule.
9921038 26 When assessing payment for any amount due under subsection
9931039
9941040
9951041
9961042
9971043
998- HB1375 Engrossed - 28 - LRB104 05627 LNS 15657 b
1044+ HB1375 - 28 - LRB104 05627 LNS 15657 b
9991045
10001046
1001-HB1375 Engrossed- 29 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 29 - LRB104 05627 LNS 15657 b
1002- HB1375 Engrossed - 29 - LRB104 05627 LNS 15657 b
1047+HB1375- 29 -LRB104 05627 LNS 15657 b HB1375 - 29 - LRB104 05627 LNS 15657 b
1048+ HB1375 - 29 - LRB104 05627 LNS 15657 b
10031049 1 (f), the System shall exclude a salary increase resulting from
10041050 2 a promotion (i) for which the employee is required to hold a
10051051 3 certificate or supervisory endorsement issued by the State
10061052 4 Teacher Certification Board that is a different certification
10071053 5 or supervisory endorsement than is required for the teacher's
10081054 6 previous position and (ii) to a position that has existed and
10091055 7 been filled by a member for no less than one complete academic
10101056 8 year and the salary increase from the promotion is an increase
10111057 9 that results in an amount no greater than the lesser of the
10121058 10 average salary paid for other similar positions in the
10131059 11 district requiring the same certification or the amount
10141060 12 stipulated in the collective bargaining agreement for a
10151061 13 similar position requiring the same certification.
10161062 14 When assessing payment for any amount due under subsection
10171063 15 (f), the System shall exclude any payment to the teacher from
10181064 16 the State of Illinois or the State Board of Education over
10191065 17 which the employer does not have discretion, notwithstanding
10201066 18 that the payment is included in the computation of final
10211067 19 average salary.
10221068 20 (g-5) When assessing payment for any amount due under
10231069 21 subsection (f), the System shall exclude salary increases
10241070 22 resulting from overload or stipend work performed in a school
10251071 23 year subsequent to a school year in which the employer was
10261072 24 unable to offer or allow to be conducted overload or stipend
10271073 25 work due to an emergency declaration limiting such activities.
10281074 26 (g-10) When assessing payment for any amount due under
10291075
10301076
10311077
10321078
10331079
1034- HB1375 Engrossed - 29 - LRB104 05627 LNS 15657 b
1080+ HB1375 - 29 - LRB104 05627 LNS 15657 b
10351081
10361082
1037-HB1375 Engrossed- 30 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 30 - LRB104 05627 LNS 15657 b
1038- HB1375 Engrossed - 30 - LRB104 05627 LNS 15657 b
1083+HB1375- 30 -LRB104 05627 LNS 15657 b HB1375 - 30 - LRB104 05627 LNS 15657 b
1084+ HB1375 - 30 - LRB104 05627 LNS 15657 b
10391085 1 subsection (f), the System shall exclude salary increases
10401086 2 resulting from increased instructional time that exceeded the
10411087 3 instructional time required during the 2019-2020 school year.
10421088 4 (g-15) When assessing payment for any amount due under
10431089 5 subsection (f), the System shall exclude salary increases
10441090 6 resulting from teaching summer school on or after May 1, 2021
10451091 7 and before September 15, 2022.
10461092 8 (g-20) When assessing payment for any amount due under
10471093 9 subsection (f), the System shall exclude salary increases
10481094 10 necessary to bring a school board in compliance with Public
10491095 11 Act 101-443 or this amendatory Act of the 103rd General
10501096 12 Assembly.
10511097 13 (g-25) When assessing payment for any amount due under
10521098 14 subsection (f), the System shall exclude any stipends paid to
10531099 15 an eligible cooperating teacher under Section 9.45 of the
10541100 16 Board of Higher Education Act.
10551101 17 (h) When assessing payment for any amount due under
10561102 18 subsection (f), the System shall exclude any salary increase
10571103 19 described in subsection (g) of this Section given on or after
10581104 20 July 1, 2011 but before July 1, 2014 under a contract or
10591105 21 collective bargaining agreement entered into, amended, or
10601106 22 renewed on or after June 1, 2005 but before July 1, 2011.
10611107 23 Notwithstanding any other provision of this Section, any
10621108 24 payments made or salary increases given after June 30, 2014
10631109 25 shall be used in assessing payment for any amount due under
10641110 26 subsection (f) of this Section.
10651111
10661112
10671113
10681114
10691115
1070- HB1375 Engrossed - 30 - LRB104 05627 LNS 15657 b
1116+ HB1375 - 30 - LRB104 05627 LNS 15657 b
10711117
10721118
1073-HB1375 Engrossed- 31 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 31 - LRB104 05627 LNS 15657 b
1074- HB1375 Engrossed - 31 - LRB104 05627 LNS 15657 b
1119+HB1375- 31 -LRB104 05627 LNS 15657 b HB1375 - 31 - LRB104 05627 LNS 15657 b
1120+ HB1375 - 31 - LRB104 05627 LNS 15657 b
10751121 1 (i) The System shall prepare a report and file copies of
10761122 2 the report with the Governor and the General Assembly by
10771123 3 January 1, 2007 that contains all of the following
10781124 4 information:
10791125 5 (1) The number of recalculations required by the
10801126 6 changes made to this Section by Public Act 94-1057 for
10811127 7 each employer.
10821128 8 (2) The dollar amount by which each employer's
10831129 9 contribution to the System was changed due to
10841130 10 recalculations required by Public Act 94-1057.
10851131 11 (3) The total amount the System received from each
10861132 12 employer as a result of the changes made to this Section by
10871133 13 Public Act 94-4.
10881134 14 (4) The increase in the required State contribution
10891135 15 resulting from the changes made to this Section by Public
10901136 16 Act 94-1057.
10911137 17 (i-5) For school years beginning on or after July 1, 2017,
10921138 18 if the amount of a participant's salary for any school year
10931139 19 exceeds the amount of the salary set for the Governor, the
10941140 20 participant's employer shall pay to the System, in addition to
10951141 21 all other payments required under this Section and in
10961142 22 accordance with guidelines established by the System, an
10971143 23 amount determined by the System to be equal to the employer
10981144 24 normal cost, as established by the System and expressed as a
10991145 25 total percentage of payroll, multiplied by the amount of
11001146 26 salary in excess of the amount of the salary set for the
11011147
11021148
11031149
11041150
11051151
1106- HB1375 Engrossed - 31 - LRB104 05627 LNS 15657 b
1152+ HB1375 - 31 - LRB104 05627 LNS 15657 b
11071153
11081154
1109-HB1375 Engrossed- 32 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 32 - LRB104 05627 LNS 15657 b
1110- HB1375 Engrossed - 32 - LRB104 05627 LNS 15657 b
1155+HB1375- 32 -LRB104 05627 LNS 15657 b HB1375 - 32 - LRB104 05627 LNS 15657 b
1156+ HB1375 - 32 - LRB104 05627 LNS 15657 b
11111157 1 Governor. This amount shall be computed by the System on the
11121158 2 basis of the actuarial assumptions and tables used in the most
11131159 3 recent actuarial valuation of the System that is available at
11141160 4 the time of the computation. The System may require the
11151161 5 employer to provide any pertinent information or
11161162 6 documentation.
11171163 7 Whenever it determines that a payment is or may be
11181164 8 required under this subsection, the System shall calculate the
11191165 9 amount of the payment and bill the employer for that amount.
11201166 10 The bill shall specify the calculations used to determine the
11211167 11 amount due. If the employer disputes the amount of the bill, it
11221168 12 may, within 30 days after receipt of the bill, apply to the
11231169 13 System in writing for a recalculation. The application must
11241170 14 specify in detail the grounds of the dispute. Upon receiving a
11251171 15 timely application for recalculation, the System shall review
11261172 16 the application and, if appropriate, recalculate the amount
11271173 17 due.
11281174 18 The employer contributions required under this subsection
11291175 19 may be paid in the form of a lump sum within 90 days after
11301176 20 receipt of the bill. If the employer contributions are not
11311177 21 paid within 90 days after receipt of the bill, then interest
11321178 22 will be charged at a rate equal to the System's annual
11331179 23 actuarially assumed rate of return on investment compounded
11341180 24 annually from the 91st day after receipt of the bill. Payments
11351181 25 must be concluded within 3 years after the employer's receipt
11361182 26 of the bill.
11371183
11381184
11391185
11401186
11411187
1142- HB1375 Engrossed - 32 - LRB104 05627 LNS 15657 b
1188+ HB1375 - 32 - LRB104 05627 LNS 15657 b
11431189
11441190
1145-HB1375 Engrossed- 33 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 33 - LRB104 05627 LNS 15657 b
1146- HB1375 Engrossed - 33 - LRB104 05627 LNS 15657 b
1191+HB1375- 33 -LRB104 05627 LNS 15657 b HB1375 - 33 - LRB104 05627 LNS 15657 b
1192+ HB1375 - 33 - LRB104 05627 LNS 15657 b
11471193 1 (j) For purposes of determining the required State
11481194 2 contribution to the System, the value of the System's assets
11491195 3 shall be equal to the actuarial value of the System's assets,
11501196 4 which shall be calculated as follows:
11511197 5 As of June 30, 2008, the actuarial value of the System's
11521198 6 assets shall be equal to the market value of the assets as of
11531199 7 that date. In determining the actuarial value of the System's
11541200 8 assets for fiscal years after June 30, 2008, any actuarial
11551201 9 gains or losses from investment return incurred in a fiscal
11561202 10 year shall be recognized in equal annual amounts over the
11571203 11 5-year period following that fiscal year.
11581204 12 (k) For purposes of determining the required State
11591205 13 contribution to the system for a particular year, the
11601206 14 actuarial value of assets shall be assumed to earn a rate of
11611207 15 return equal to the system's actuarially assumed rate of
11621208 16 return.
11631209 17 (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
11641210 18 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
11651211 19 8-11-23; 103-588, eff. 6-5-24.)
11661212 20 (40 ILCS 5/16-203)
11671213 21 Sec. 16-203. Application and expiration of new benefit
11681214 22 increases.
11691215 23 (a) As used in this Section, "new benefit increase" means
11701216 24 an increase in the amount of any benefit provided under this
11711217 25 Article, or an expansion of the conditions of eligibility for
11721218
11731219
11741220
11751221
11761222
1177- HB1375 Engrossed - 33 - LRB104 05627 LNS 15657 b
1223+ HB1375 - 33 - LRB104 05627 LNS 15657 b
11781224
11791225
1180-HB1375 Engrossed- 34 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 34 - LRB104 05627 LNS 15657 b
1181- HB1375 Engrossed - 34 - LRB104 05627 LNS 15657 b
1226+HB1375- 34 -LRB104 05627 LNS 15657 b HB1375 - 34 - LRB104 05627 LNS 15657 b
1227+ HB1375 - 34 - LRB104 05627 LNS 15657 b
11821228 1 any benefit under this Article, that results from an amendment
11831229 2 to this Code that takes effect after June 1, 2005 (the
11841230 3 effective date of Public Act 94-4). "New benefit increase",
11851231 4 however, does not include any benefit increase resulting from
11861232 5 the changes made to Article 1 or this Article by Public Act
11871233 6 95-910, Public Act 100-23, Public Act 100-587, Public Act
11881234 7 100-743, Public Act 100-769, Public Act 101-10, Public Act
11891235 8 101-49, Public Act 102-16, or Public Act 102-871, or this
11901236 9 amendatory Act of the 104th General Assembly.
11911237 10 (b) Notwithstanding any other provision of this Code or
11921238 11 any subsequent amendment to this Code, every new benefit
11931239 12 increase is subject to this Section and shall be deemed to be
11941240 13 granted only in conformance with and contingent upon
11951241 14 compliance with the provisions of this Section.
11961242 15 (c) The Public Act enacting a new benefit increase must
11971243 16 identify and provide for payment to the System of additional
11981244 17 funding at least sufficient to fund the resulting annual
11991245 18 increase in cost to the System as it accrues.
12001246 19 Every new benefit increase is contingent upon the General
12011247 20 Assembly providing the additional funding required under this
12021248 21 subsection. The Commission on Government Forecasting and
12031249 22 Accountability shall analyze whether adequate additional
12041250 23 funding has been provided for the new benefit increase and
12051251 24 shall report its analysis to the Public Pension Division of
12061252 25 the Department of Insurance. A new benefit increase created by
12071253 26 a Public Act that does not include the additional funding
12081254
12091255
12101256
12111257
12121258
1213- HB1375 Engrossed - 34 - LRB104 05627 LNS 15657 b
1259+ HB1375 - 34 - LRB104 05627 LNS 15657 b
12141260
12151261
1216-HB1375 Engrossed- 35 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 35 - LRB104 05627 LNS 15657 b
1217- HB1375 Engrossed - 35 - LRB104 05627 LNS 15657 b
1262+HB1375- 35 -LRB104 05627 LNS 15657 b HB1375 - 35 - LRB104 05627 LNS 15657 b
1263+ HB1375 - 35 - LRB104 05627 LNS 15657 b
12181264 1 required under this subsection is null and void. If the Public
12191265 2 Pension Division determines that the additional funding
12201266 3 provided for a new benefit increase under this subsection is
12211267 4 or has become inadequate, it may so certify to the Governor and
12221268 5 the State Comptroller and, in the absence of corrective action
12231269 6 by the General Assembly, the new benefit increase shall expire
12241270 7 at the end of the fiscal year in which the certification is
12251271 8 made.
12261272 9 (d) Every new benefit increase shall expire 5 years after
12271273 10 its effective date or on such earlier date as may be specified
12281274 11 in the language enacting the new benefit increase or provided
12291275 12 under subsection (c). This does not prevent the General
12301276 13 Assembly from extending or re-creating a new benefit increase
12311277 14 by law.
12321278 15 (e) Except as otherwise provided in the language creating
12331279 16 the new benefit increase, a new benefit increase that expires
12341280 17 under this Section continues to apply to persons who applied
12351281 18 and qualified for the affected benefit while the new benefit
12361282 19 increase was in effect and to the affected beneficiaries and
12371283 20 alternate payees of such persons, but does not apply to any
12381284 21 other person, including, without limitation, a person who
12391285 22 continues in service after the expiration date and did not
12401286 23 apply and qualify for the affected benefit while the new
12411287 24 benefit increase was in effect.
12421288 25 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
12431289 26 102-813, eff. 5-13-22; 102-871, eff. 5-13-22; 103-154, eff.
12441290
12451291
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12501296
12511297
1252-HB1375 Engrossed- 36 -LRB104 05627 LNS 15657 b HB1375 Engrossed - 36 - LRB104 05627 LNS 15657 b
1253- HB1375 Engrossed - 36 - LRB104 05627 LNS 15657 b
1298+HB1375- 36 -LRB104 05627 LNS 15657 b HB1375 - 36 - LRB104 05627 LNS 15657 b
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12541300 1 6-30-23.)
12551301 2 Section 15. The Board of Higher Education Act is amended
12561302 3 by adding Section 9.45 as follows:
12571303 4 (110 ILCS 205/9.45 new)
12581304 5 Sec. 9.45. Student teaching stipend program.
12591305 6 (a) As used in this Section:
12601306 7 "Educator preparation program" means an approved educator
12611307 8 preparation program offered by a recognized school or
12621308 9 institution under Article 21B of the School Code.
12631309 10 "Eligible cooperating teacher" means a teacher who is
12641310 11 licensed under Article 21B of the School Code or has attained
12651311 12 the Department of Human Services' Gateways to Opportunity
12661312 13 Early Childhood Education Credential Level 5 or 6, qualified
12671313 14 to teach in the subject area assigned, and matched with an
12681314 15 eligible student.
12691315 16 "Eligible student" means a student who is enrolled in an
12701316 17 educator preparation program, who is maintaining satisfactory
12711317 18 academic progress, who intends to teach in this State, who is
12721318 19 placed as a student teacher, and who is not contracted as the
12731319 20 teacher of record for the student teaching placement.
12741320 21 "Student teaching" means a supervised clinical experience
12751321 22 that prepares a candidate to take full responsibility in an
12761322 23 instructional setting.
12771323 24 (b) Subject to appropriation, the Board shall create a
12781324
12791325
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12841330
12851331
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1287- HB1375 Engrossed - 37 - LRB104 05627 LNS 15657 b
1332+HB1375- 37 -LRB104 05627 LNS 15657 b HB1375 - 37 - LRB104 05627 LNS 15657 b
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12881334 1 student teaching stipend program to alleviate the financial
12891335 2 burden of student teaching, to encourage students to pursue
12901336 3 teaching careers to alleviate this State's teacher shortage,
12911337 4 and to encourage teachers to be matched with student teachers.
12921338 5 (c) An educator preparation program shall notify the Board
12931339 6 of all eligible students and eligible cooperating teachers who
12941340 7 qualify for the stipend program.
12951341 8 (d) Under the stipend program and subject to available
12961342 9 appropriations, the Board shall disburse to each educator
12971343 10 preparation program funds to distribute to each eligible
12981344 11 student a stipend of up to $10,000 per semester for up to 2
12991345 12 consecutive semesters, plus additional funds to pay the direct
13001346 13 costs of operating the stipend program. The educator
13011347 14 preparation program shall distribute stipend funds using the
13021348 15 standard methods for allocating State-based financial aid or
13031349 16 as wages for employment to each eligible student in monthly
13041350 17 installments.
13051351 18 (e) If there is a surplus appropriated in a fiscal year for
13061352 19 the stipend program, then the Board shall increase the amount
13071353 20 disbursed to each educator preparation program by the same
13081354 21 percentage that the surplus bears to the amount required to
13091355 22 fully fund the total number of eligible students who qualify
13101356 23 for the stipend program that fiscal year. An educator
13111357 24 preparation program shall increase the stipend amount
13121358 25 distributed to each eligible student in proportion to the
13131359 26 surplus.
13141360
13151361
13161362
13171363
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13201366
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1323- HB1375 Engrossed - 38 - LRB104 05627 LNS 15657 b
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13241370 1 (f) If the amount appropriated in a fiscal year for the
13251371 2 stipend program is insufficient to fully fund stipends for the
13261372 3 total number of eligible students for that fiscal year, then
13271373 4 the Board shall prioritize eligible students based on
13281374 5 demonstrated financial need reported by each educator
13291375 6 preparation program.
13301376 7 (g) Funds not distributed in a particular fiscal year by
13311377 8 an educator preparation program under this Section shall be
13321378 9 returned to the Board to be used for the subsequent fiscal
13331379 10 year's stipend program.
13341380 11 (h) An educator preparation program may not prohibit an
13351381 12 eligible student from participating in the stipend program or
13361382 13 from receiving a stipend from the stipend program.
13371383 14 (i) Under the stipend program and subject to available
13381384 15 appropriations, the Board shall disburse funds to the State
13391385 16 Board of Education, who shall disburse funds to each school
13401386 17 district or early childhood education provider employing an
13411387 18 eligible cooperating teacher to distribute to each eligible
13421388 19 cooperating teacher a stipend of up to $2,000 per semester for
13431389 20 up to 2 consecutive semesters per academic year. The school
13441390 21 district or early childhood education provider shall
13451391 22 distribute stipend funds to an eligible cooperating teacher in
13461392 23 one payment.
13471393 24 (j) An eligible cooperating teacher who receives a stipend
13481394 25 must complete State-approved, evidence-based training that
13491395 26 aligns with training for instructional coaches, covers basic
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13561402
13571403
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13601406 1 responsibilities of a cooperating teacher, includes
13611407 2 evidence-based practices in supporting student teachers in
13621408 3 school or early childhood settings, and includes the effective
13631409 4 assessment of student teachers that aligns with State educator
13641410 5 performance evaluation requirements or the equivalent for
13651411 6 early childhood education. The State Board of Education shall
13661412 7 develop training that meets the criteria of this subsection
13671413 8 and that is available to cooperating teachers.
13681414 9 (k) If there is a surplus appropriated in a fiscal year for
13691415 10 the stipend program, then the Board shall increase the amount
13701416 11 disbursed to the State Board of Education to disburse to each
13711417 12 school district or early childhood education provider by the
13721418 13 same percentage that the surplus bears to the amount required
13731419 14 to fully fund the total number of eligible cooperating
13741420 15 teachers who qualify for the stipend program that fiscal year.
13751421 16 A school district or early childhood education provider shall
13761422 17 increase the stipend amount distributed to each eligible
13771423 18 cooperating teacher in proportion to the surplus.
13781424 19 (l) If the amount appropriated in a fiscal year for the
13791425 20 stipend program is insufficient to fully fund stipends for the
13801426 21 total number of eligible cooperating teachers for that fiscal
13811427 22 year, then the Board shall reduce the amount disbursed to the
13821428 23 State Board of Education to disburse to each school district
13831429 24 or early childhood education provider by the same percentage
13841430 25 that the deficit bears to the amount required to fully fund the
13851431 26 total number of eligible cooperating teachers who qualify for
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13921438
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13961442 1 the stipend program. A school district or early childhood
13971443 2 education provider shall reduce the stipend amount distributed
13981444 3 to each eligible cooperating teacher in proportion to the
13991445 4 deficit.
14001446 5 (m) Nothing in this Section is intended to preclude an
14011447 6 educator preparation program from providing an eligible
14021448 7 cooperating teacher with additional incentives.
14031449 8 (n) An eligible cooperating teacher participating in the
14041450 9 stipend program may receive professional development hours for
14051451 10 completing cooperating teacher training that count toward the
14061452 11 eligible cooperating teacher's license renewal or the
14071453 12 equivalent for early childhood education.
14081454 13 (o) Subject to available appropriations, the Board shall
14091455 14 issue a report evaluating the impact of the stipend program on
14101456 15 educator preparation programs, including enrollment and
14111457 16 completion rates, hiring rates, and retention rates. The Board
14121458 17 shall issue this report in collaboration with the State Board
14131459 18 of Education. The Board shall submit this report to the
14141460 19 General Assembly and Governor on or before June 30 of the
14151461 20 fiscal year following the third consecutive fiscal year during
14161462 21 which the stipend program has received funding of at least
14171463 22 $2,000,000.
14181464 23 (p) The Board shall provide guidance and technical
14191465 24 assistance to educator preparation programs on the
14201466 25 administration of the stipend program.
14211467 26 (q) The Board shall adopt rules regarding the
14221468
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14321478 1 administration of the stipend program, including, but not
14331479 2 limited to, the allocation of funds for the stipend program.
14341480 3 (r) If the stipend program is funded prior to the adoption
14351481 4 of rules under subsection (q), emergency rules regarding the
14361482 5 administration of the stipend program may be adopted by the
14371483 6 Board subject to the provisions of Section 5-45.65 of the
14381484 7 Illinois Administrative Procedure Act.
1439-8 Section 99. Effective date. This Act takes effect upon
1440-9 becoming law.
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