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Illinois House Bill HB1651

Illinois 2025-2026 Regular Session

Illinois House Bill HB1651 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 375/6.20 new40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-11840 ILCS 5/16-150.1 Amends the State Employees Group Insurance Act of 1971. Provides that the eligibility of an annuitant or TRS benefit recipient to participate in the program of health benefits established under specified provisions of the Act shall not be suspended for any period during which he or she accepts employment from a school board or other employer in accordance with a provision of the Downstate Teacher Article of the Illinois Pension Code that allows annuitants to accept employment as a teacher without impairing retirement status if certain conditions are met, including a limit on the number of paid days the annuitant may work, or a provision for annuitants returning to teach in a subject shortage area. Provides that an annuitant or TRS benefit recipient shall not be deemed an active teacher based solely on the annuitant's or TRS benefit recipient's employment exceeding the limit on the number of paid days an annuitant may work without impairing retirement status. Amends the Downstate Teacher Article of the Illinois Pension Code to make conforming changes. LRB104 07662 RPS 17706 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 5 ILCS 375/6.20 new40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-11840 ILCS 5/16-150.1 5 ILCS 375/6.20 new 40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-118 40 ILCS 5/16-150.1 Amends the State Employees Group Insurance Act of 1971. Provides that the eligibility of an annuitant or TRS benefit recipient to participate in the program of health benefits established under specified provisions of the Act shall not be suspended for any period during which he or she accepts employment from a school board or other employer in accordance with a provision of the Downstate Teacher Article of the Illinois Pension Code that allows annuitants to accept employment as a teacher without impairing retirement status if certain conditions are met, including a limit on the number of paid days the annuitant may work, or a provision for annuitants returning to teach in a subject shortage area. Provides that an annuitant or TRS benefit recipient shall not be deemed an active teacher based solely on the annuitant's or TRS benefit recipient's employment exceeding the limit on the number of paid days an annuitant may work without impairing retirement status. Amends the Downstate Teacher Article of the Illinois Pension Code to make conforming changes. LRB104 07662 RPS 17706 b LRB104 07662 RPS 17706 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
33 5 ILCS 375/6.20 new40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-11840 ILCS 5/16-150.1 5 ILCS 375/6.20 new 40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-118 40 ILCS 5/16-150.1
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77 Amends the State Employees Group Insurance Act of 1971. Provides that the eligibility of an annuitant or TRS benefit recipient to participate in the program of health benefits established under specified provisions of the Act shall not be suspended for any period during which he or she accepts employment from a school board or other employer in accordance with a provision of the Downstate Teacher Article of the Illinois Pension Code that allows annuitants to accept employment as a teacher without impairing retirement status if certain conditions are met, including a limit on the number of paid days the annuitant may work, or a provision for annuitants returning to teach in a subject shortage area. Provides that an annuitant or TRS benefit recipient shall not be deemed an active teacher based solely on the annuitant's or TRS benefit recipient's employment exceeding the limit on the number of paid days an annuitant may work without impairing retirement status. Amends the Downstate Teacher Article of the Illinois Pension Code to make conforming changes.
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1313 1 AN ACT concerning public employee benefits.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The State Employees Group Insurance Act of 1971
1717 5 is amended by adding Section 6.20 as follows:
1818 6 (5 ILCS 375/6.20 new)
1919 7 Sec. 6.20. Retired teacher returning to service.
2020 8 Notwithstanding any other provision of this Act, the
2121 9 eligibility of an annuitant or TRS benefit recipient to
2222 10 participate in the program of health benefits established
2323 11 under Section 6 or 6.5 of this Act shall not be suspended for
2424 12 any period during which he or she accepts employment from a
2525 13 school board or other employer in accordance with Section
2626 14 16-118 or Section 16-150.1 of the Illinois Pension Code. An
2727 15 annuitant or TRS benefit recipient shall not be deemed an
2828 16 active teacher based solely on the annuitant's or TRS benefit
2929 17 recipient's employment exceeding the limits under paragraph
3030 18 (2) of subsection (a) of Section 16-118 of the Illinois
3131 19 Pension Code or participation in the program under Section
3232 20 16-150.1 of the Illinois Pension Code.
3333 21 Section 10. The Illinois Pension Code is amended by
3434 22 changing Sections 16-118 and 16-150.1 as follows:
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1651 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3939 5 ILCS 375/6.20 new40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-11840 ILCS 5/16-150.1 5 ILCS 375/6.20 new 40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-118 40 ILCS 5/16-150.1
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4141 40 ILCS 5/16-118 from Ch. 108 1/2, par. 16-118
4242 40 ILCS 5/16-150.1
4343 Amends the State Employees Group Insurance Act of 1971. Provides that the eligibility of an annuitant or TRS benefit recipient to participate in the program of health benefits established under specified provisions of the Act shall not be suspended for any period during which he or she accepts employment from a school board or other employer in accordance with a provision of the Downstate Teacher Article of the Illinois Pension Code that allows annuitants to accept employment as a teacher without impairing retirement status if certain conditions are met, including a limit on the number of paid days the annuitant may work, or a provision for annuitants returning to teach in a subject shortage area. Provides that an annuitant or TRS benefit recipient shall not be deemed an active teacher based solely on the annuitant's or TRS benefit recipient's employment exceeding the limit on the number of paid days an annuitant may work without impairing retirement status. Amends the Downstate Teacher Article of the Illinois Pension Code to make conforming changes.
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5454 40 ILCS 5/16-150.1
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7373 1 (40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
7474 2 Sec. 16-118. Retirement. "Retirement": Entry upon a
7575 3 retirement annuity or receipt of a single-sum retirement
7676 4 benefit granted under this Article after termination of active
7777 5 service as a teacher.
7878 6 (a) An annuitant receiving a retirement annuity other than
7979 7 a disability retirement annuity may accept employment as a
8080 8 teacher from a school board or other employer specified in
8181 9 Section 16-106 without impairing retirement status, if that
8282 10 employment:
8383 11 (1) is not within the school year during which service
8484 12 was terminated; and
8585 13 (2) does not exceed the following:
8686 14 (i) before July 1, 2001, 100 paid days or 500 paid
8787 15 hours in any school year;
8888 16 (ii) during the period beginning July 1, 2001
8989 17 through June 30, 2011, 120 paid days or 600 paid hours
9090 18 in each school year;
9191 19 (iii) during the period beginning July 1, 2011
9292 20 through June 30, 2018, 100 paid days or 500 paid hours
9393 21 in each school year;
9494 22 (iv) beginning July 1, 2018 through June 30, 2026,
9595 23 120 paid days or 600 paid hours in each school year,
9696 24 but not more than 100 paid days in the same classroom;
9797 25 (v) (blank); and
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108108 1 (vi) beginning July 1, 2026, 100 paid days or 500
109109 2 paid hours in each school year.
110110 3 Where such permitted employment is partly on a daily and
111111 4 partly on an hourly basis, a day shall be considered as 5
112112 5 hours.
113113 6 An annuitant whose employment exceeds the amount specified
114114 7 in paragraph (2) shall not be deemed an active teacher for
115115 8 purposes of eligibility for group health benefits and may
116116 9 continue to participate in the program of health benefits
117117 10 established under Section 6 or 6.5 of the State Employees
118118 11 Group Insurance Act of 1971.
119119 12 (b) Subsection (a) does not apply to an annuitant who
120120 13 returns to teaching under the program established in Section
121121 14 16-150.1, for the duration of his or her participation in that
122122 15 program.
123123 16 (Source: P.A. 102-537, eff. 8-20-21; 102-709, eff. 4-22-22;
124124 17 103-88, eff. 6-9-23; 103-525, eff. 8-11-23.)
125125 18 (40 ILCS 5/16-150.1)
126126 19 Sec. 16-150.1. Return to teaching in subject shortage
127127 20 area.
128128 21 (a) As used in this Section, "eligible employment" means
129129 22 employment beginning on or after July 1, 2003 and ending no
130130 23 later than June 30, 2027, in a subject shortage area at a
131131 24 qualified school, in a position requiring certification under
132132 25 the law governing the certification of teachers.
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143143 1 As used in this Section, "qualified school" means a public
144144 2 elementary or secondary school that meets all of the following
145145 3 requirements:
146146 4 (1) At the time of hiring a retired teacher under this
147147 5 Section, the school is experiencing a shortage of teachers
148148 6 in the subject shortage area for which the teacher is
149149 7 hired.
150150 8 (2) The school district to which the school belongs
151151 9 has complied with the requirements of subsection (e), and
152152 10 the regional superintendent has certified that compliance
153153 11 to the System.
154154 12 (3) If the school district to which the school belongs
155155 13 provides group health benefits for its teachers generally,
156156 14 substantially similar health benefits are made available
157157 15 for teachers participating in the program under this
158158 16 Section, without any limitations based on pre-existing
159159 17 conditions.
160160 18 (b) An annuitant receiving a retirement annuity under this
161161 19 Article (other than a disability retirement annuity) may
162162 20 engage in eligible employment at a qualified school without
163163 21 impairing his or her retirement status or retirement annuity,
164164 22 subject to the following conditions:
165165 23 (1) the eligible employment does not begin within the
166166 24 school year during which service was terminated;
167167 25 (2) the annuitant has not received any early
168168 26 retirement incentive under Section 16-133.3, 16-133.4, or
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179179 1 16-133.5;
180180 2 (3) if the annuitant retired before age 60 and with
181181 3 less than 34 years of service, the eligible employment
182182 4 does not begin within the year following the effective
183183 5 date of the retirement annuity;
184184 6 (4) if the annuitant retired at age 60 or above or with
185185 7 34 or more years of service, the eligible employment does
186186 8 not begin within the 90 days following the effective date
187187 9 of the retirement annuity; and
188188 10 (5) before the eligible employment begins, the
189189 11 employer notifies the System in writing of the annuitant's
190190 12 desire to participate in the program established under
191191 13 this Section.
192192 14 (c) An annuitant engaged in eligible employment in
193193 15 accordance with subsection (b) shall be deemed a participant
194194 16 in the program established under this Section for so long as he
195195 17 or she remains employed in eligible employment.
196196 18 (d) A participant in the program established under this
197197 19 Section continues to be a retirement annuitant, rather than an
198198 20 active teacher, for all of the purposes of this Code, but shall
199199 21 be deemed an active teacher for other purposes, such as
200200 22 inclusion in a collective bargaining unit, eligibility for
201201 23 group health benefits, and compliance with the laws governing
202202 24 the employment, regulation, certification, treatment, and
203203 25 conduct of teachers. A participant in the program established
204204 26 under this Section may continue to participate in the program
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215215 1 of health benefits established under Section 6 or 6.5 of the
216216 2 State Employees Group Insurance Act of 1971.
217217 3 With respect to an annuitant's eligible employment under
218218 4 this Section, neither employee nor employer contributions
219219 5 shall be made to the System and no additional service credit
220220 6 shall be earned. Eligible employment does not affect the
221221 7 annuitant's final average salary or the amount of the
222222 8 retirement annuity.
223223 9 (e) Before hiring a teacher under this Section, the school
224224 10 district to which the school belongs must do the following:
225225 11 (1) If the school district to which the school belongs
226226 12 has honorably dismissed, within the calendar year
227227 13 preceding the beginning of the school term for which it
228228 14 seeks to employ a retired teacher under the program
229229 15 established in this Section, any teachers who are legally
230230 16 qualified to hold positions in the subject shortage area
231231 17 and have not yet begun to receive their retirement
232232 18 annuities under this Article, the vacant positions must
233233 19 first be tendered to those teachers.
234234 20 (2) For a period of at least 90 days during the 6
235235 21 months preceding the beginning of either the fall or
236236 22 spring term for which it seeks to employ a retired teacher
237237 23 under the program established in this Section, the school
238238 24 district must, on an ongoing basis, (i) advertise its
239239 25 vacancies in the subject shortage area in employment
240240 26 bulletins published by college and university placement
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