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Illinois Senate Bill SB1188

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1188 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1188 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-14930 ILCS 805/8.49 new Amends the Chicago Teacher Article of the Illinois Pension Code. In a provision allowing a service retirement pensioner to be re-employed as a teacher for a specified number of days without cancellation of the service retirement pension, provides that if a service retirement pensioner works more than the number of days allowed under that provision in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each day worked in excess of the number of days allowed. Provides that if a pensioner who only teaches drivers education courses after regular school hours works more than 900 hours in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each period of 7.5 hours in excess of 900 hours. Provides that the changes made by the amendatory Act are retroactive to July 1, 2020. Provides that all service retirement pensioners whose service retirement pensions were cancelled as a result of re-employment as a teacher during the period of July 1, 2020 through the effective date of the amendatory Act shall have their overpayments recalculated on a pro rata basis consistent with the changes made by the amendatory Act, and the difference between the initial overpayment and the recalculated overpayment shall be refunded to those service retirement pensioners with interest. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07435 RPS 17476 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1188 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-14930 ILCS 805/8.49 new 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.49 new Amends the Chicago Teacher Article of the Illinois Pension Code. In a provision allowing a service retirement pensioner to be re-employed as a teacher for a specified number of days without cancellation of the service retirement pension, provides that if a service retirement pensioner works more than the number of days allowed under that provision in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each day worked in excess of the number of days allowed. Provides that if a pensioner who only teaches drivers education courses after regular school hours works more than 900 hours in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each period of 7.5 hours in excess of 900 hours. Provides that the changes made by the amendatory Act are retroactive to July 1, 2020. Provides that all service retirement pensioners whose service retirement pensions were cancelled as a result of re-employment as a teacher during the period of July 1, 2020 through the effective date of the amendatory Act shall have their overpayments recalculated on a pro rata basis consistent with the changes made by the amendatory Act, and the difference between the initial overpayment and the recalculated overpayment shall be refunded to those service retirement pensioners with interest. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately. LRB104 07435 RPS 17476 b LRB104 07435 RPS 17476 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1188 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
33 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-14930 ILCS 805/8.49 new 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.49 new
44 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149
55 30 ILCS 805/8.49 new
66 Amends the Chicago Teacher Article of the Illinois Pension Code. In a provision allowing a service retirement pensioner to be re-employed as a teacher for a specified number of days without cancellation of the service retirement pension, provides that if a service retirement pensioner works more than the number of days allowed under that provision in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each day worked in excess of the number of days allowed. Provides that if a pensioner who only teaches drivers education courses after regular school hours works more than 900 hours in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each period of 7.5 hours in excess of 900 hours. Provides that the changes made by the amendatory Act are retroactive to July 1, 2020. Provides that all service retirement pensioners whose service retirement pensions were cancelled as a result of re-employment as a teacher during the period of July 1, 2020 through the effective date of the amendatory Act shall have their overpayments recalculated on a pro rata basis consistent with the changes made by the amendatory Act, and the difference between the initial overpayment and the recalculated overpayment shall be refunded to those service retirement pensioners with interest. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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1414 1 AN ACT concerning public employee benefits.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 5. The Illinois Pension Code is amended by
1818 5 changing Section 17-149 as follows:
1919 6 (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
2020 7 Sec. 17-149. Cancellation of pensions.
2121 8 (a) If any person receiving a disability retirement
2222 9 pension from the Fund is re-employed as a teacher by an
2323 10 Employer, the pension shall be cancelled on the date the
2424 11 re-employment begins, or on the first day of a payroll period
2525 12 for which service credit was validated, whichever is earlier.
2626 13 (b) If any person receiving a service retirement pension
2727 14 from the Fund is re-employed as a teacher on a permanent or
2828 15 annual basis by an Employer, the pension shall be cancelled on
2929 16 the date the re-employment begins, or on the first day of a
3030 17 payroll period for which service credit was validated,
3131 18 whichever is earlier. However, subject to the limitations and
3232 19 requirements of subsection (c-5), (c-6), (c-7), or (c-10), the
3333 20 pension shall not be cancelled in the case of a service
3434 21 retirement pensioner who is re-employed on a temporary and
3535 22 non-annual basis or on an hourly basis.
3636 23 (c) If the date of re-employment on a permanent or annual
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4040 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1188 Introduced 1/24/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
4141 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-14930 ILCS 805/8.49 new 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149 30 ILCS 805/8.49 new
4242 40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149
4343 30 ILCS 805/8.49 new
4444 Amends the Chicago Teacher Article of the Illinois Pension Code. In a provision allowing a service retirement pensioner to be re-employed as a teacher for a specified number of days without cancellation of the service retirement pension, provides that if a service retirement pensioner works more than the number of days allowed under that provision in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each day worked in excess of the number of days allowed. Provides that if a pensioner who only teaches drivers education courses after regular school hours works more than 900 hours in any school year, the service retirement pension benefit shall be withheld on a pro rata basis for each period of 7.5 hours in excess of 900 hours. Provides that the changes made by the amendatory Act are retroactive to July 1, 2020. Provides that all service retirement pensioners whose service retirement pensions were cancelled as a result of re-employment as a teacher during the period of July 1, 2020 through the effective date of the amendatory Act shall have their overpayments recalculated on a pro rata basis consistent with the changes made by the amendatory Act, and the difference between the initial overpayment and the recalculated overpayment shall be refunded to those service retirement pensioners with interest. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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7979 1 basis occurs within 5 school months after the date of previous
8080 2 retirement, exclusive of any vacation period, the member shall
8181 3 be deemed to have been out of service only temporarily and not
8282 4 permanently retired. Such person shall be entitled to pension
8383 5 payments for the time he could have been employed as a teacher
8484 6 and received salary, but shall not be entitled to pension for
8585 7 or during the summer vacation prior to his return to service.
8686 8 When the member again retires on pension, the time of
8787 9 service and the money contributed by him during re-employment
8888 10 shall be added to the time and money previously credited. Such
8989 11 person must acquire 3 consecutive years of additional
9090 12 contributing service before he may retire again on a pension
9191 13 at a rate and under conditions other than those in force or
9292 14 attained at the time of his previous retirement.
9393 15 (c-5) For school years beginning on or after July 1, 2019
9494 16 and before July 1, 2022, the service retirement pension shall
9595 17 not be cancelled in the case of a service retirement pensioner
9696 18 who is re-employed as a teacher on a temporary and non-annual
9797 19 basis or on an hourly basis, so long as the person (1) does not
9898 20 work as a teacher for compensation on more than 120 days in a
9999 21 school year or (2) does not accept gross compensation for the
100100 22 re-employment in a school year in excess of (i) $30,000 or (ii)
101101 23 in the case of a person who retires with at least 5 years of
102102 24 service as a principal, an amount that is equal to the daily
103103 25 rate normally paid to retired principals multiplied by 100.
104104 26 These limitations apply only to school years that begin on or
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115115 1 after July 1, 2019 and before July 1, 2022. Such re-employment
116116 2 does not require contributions, result in service credit, or
117117 3 constitute active membership in the Fund.
118118 4 The service retirement pension shall not be cancelled in
119119 5 the case of a service retirement pensioner who is re-employed
120120 6 as a teacher on a temporary and non-annual basis or on an
121121 7 hourly basis, so long as the person (1) does not work as a
122122 8 teacher for compensation on more than 100 days in a school year
123123 9 or (2) does not accept gross compensation for the
124124 10 re-employment in a school year in excess of (i) $30,000 or (ii)
125125 11 in the case of a person who retires with at least 5 years of
126126 12 service as a principal, an amount that is equal to the daily
127127 13 rate normally paid to retired principals multiplied by 100.
128128 14 These limitations apply only to school years that begin on or
129129 15 after August 8, 2012 (the effective date of Public Act 97-912)
130130 16 and before July 1, 2019. Such re-employment does not require
131131 17 contributions, result in service credit, or constitute active
132132 18 membership in the Fund.
133133 19 Notwithstanding the 120-day limit set forth in item (1) of
134134 20 this subsection (c-5), the service retirement pension shall
135135 21 not be cancelled in the case of a service retirement pensioner
136136 22 who teaches only driver education courses after regular school
137137 23 hours and does not teach any other subject area, so long as the
138138 24 person does not work as a teacher for compensation for more
139139 25 than 900 hours in a school year. The $30,000 limit set forth in
140140 26 subitem (i) of item (2) of this subsection (c-5) shall apply to
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151151 1 a service retirement pensioner who teaches only driver
152152 2 education courses after regular school hours and does not
153153 3 teach any other subject area.
154154 4 To be eligible for such re-employment without cancellation
155155 5 of pension, the pensioner must notify the Fund and the Board of
156156 6 Education of his or her intention to accept re-employment
157157 7 under this subsection (c-5) before beginning that
158158 8 re-employment (or if the re-employment began before August 8,
159159 9 2012 (the effective date of Public Act 97-912), then within 30
160160 10 days after that effective date).
161161 11 An Employer must certify to the Fund the temporary and
162162 12 non-annual or hourly status and the compensation of each
163163 13 pensioner re-employed under this subsection at least
164164 14 quarterly, and when the pensioner is approaching the earnings
165165 15 limitation under this subsection.
166166 16 If the pensioner works more than 100 days or accepts
167167 17 excess gross compensation for such re-employment in any school
168168 18 year that begins on or after August 8, 2012 (the effective date
169169 19 of Public Act 97-912), the service retirement pension shall
170170 20 thereupon be cancelled.
171171 21 If the pensioner who only teaches drivers education
172172 22 courses after regular school hours works more than 900 hours
173173 23 or accepts excess gross compensation for such re-employment in
174174 24 any school year that begins on or after August 12, 2016 (the
175175 25 effective date of Public Act 99-786), the service retirement
176176 26 pension shall thereupon be cancelled.
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187187 1 If the pensioner works more than 120 days or accepts
188188 2 excess gross compensation for such re-employment in any school
189189 3 year that begins on or after July 1, 2019, the service
190190 4 retirement pension shall thereupon be cancelled.
191191 5 The Board of the Fund shall adopt rules for the
192192 6 implementation and administration of this subsection.
193193 7 (c-6) For school years beginning on or after July 1, 2022
194194 8 and before July 1, 2027, the service retirement pension shall
195195 9 not be cancelled in the case of a service retirement pensioner
196196 10 who is re-employed as a teacher or an administrator on a
197197 11 temporary and non-annual basis or on an hourly basis, so long
198198 12 as the person does not work as a teacher or an administrator
199199 13 for compensation on more than 140 days in a school year. Such
200200 14 re-employment does not require contributions, result in
201201 15 service credit, or constitute active membership in the Fund.
202202 16 (c-7) For school years beginning on or after July 1, 2027,
203203 17 the service retirement pension shall not be cancelled in the
204204 18 case of a service retirement pensioner who is re-employed as a
205205 19 teacher or an administrator on a temporary and non-annual
206206 20 basis or on an hourly basis, so long as the person does not
207207 21 work as a teacher or an administrator for compensation on more
208208 22 than 120 days in a school year. Such re-employment does not
209209 23 require contributions, result in service credit, or constitute
210210 24 active membership in the Fund.
211211 25 (c-10) Until June 30, 2027, the service retirement pension
212212 26 of a service retirement pensioner shall not be cancelled if
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223223 1 the service retirement pensioner is employed in a subject
224224 2 shortage area and the Employer that is employing the service
225225 3 retirement pensioner meets the following requirements:
226226 4 (1) If the Employer has honorably dismissed, within
227227 5 the calendar year preceding the beginning of the school
228228 6 term for which it seeks to employ a service retirement
229229 7 pensioner under this subsection, any teachers who are
230230 8 legally qualified to hold positions in the subject
231231 9 shortage area and have not yet begun to receive their
232232 10 service retirement pensions under this Article, the vacant
233233 11 positions must first be tendered to those teachers.
234234 12 (2) For a period of at least 90 days during the 6
235235 13 months preceding the beginning of either the fall or
236236 14 spring term for which it seeks to employ a service
237237 15 retirement pensioner under this subsection, the Employer
238238 16 must, on an ongoing basis, (i) advertise its vacancies in
239239 17 the subject shortage area in employment bulletins
240240 18 published by college and university placement offices
241241 19 located near the school; (ii) search for teachers legally
242242 20 qualified to fill those vacancies through the Illinois
243243 21 Education Job Bank; and (iii) post all vacancies on the
244244 22 Employer's website and list the vacancy in an online job
245245 23 portal or database.
246246 24 An Employer of a teacher who is unable to continue
247247 25 employment with the Employer because of documented illness,
248248 26 injury, or disability that occurred after being hired by the
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259259 1 Employer under this subsection is exempt from the provisions
260260 2 of paragraph (2) for 90 school days. However, the Employer
261261 3 must on an ongoing basis comply with items (i), (ii), and (iii)
262262 4 of paragraph (2).
263263 5 The Employer must submit documentation of its compliance
264264 6 with this subsection to the regional superintendent. Upon
265265 7 receiving satisfactory documentation from the Employer, the
266266 8 regional superintendent shall certify the Employer's
267267 9 compliance with this subsection to the Fund.
268268 10 (c-15) If a service retirement pension is required to be
269269 11 canceled because the service retirement pensioner worked more
270270 12 than the number of days allowed under this Section in any
271271 13 school year, the service retirement pension benefit shall be
272272 14 withheld on a pro rata basis for each day worked in excess of
273273 15 the number of days allowed under this Section.
274274 16 If a service retirement pensioner who only teaches drivers
275275 17 education courses after regular school hours works more than
276276 18 900 hours in any school year, the service retirement pension
277277 19 benefit shall be withheld on a pro rata basis for each period
278278 20 of 7.5 hours in excess of 900 hours.
279279 21 (d) Notwithstanding Sections 1-103.1 and 17-157, the
280280 22 changes to this Section made by Public Act 90-32 apply without
281281 23 regard to whether termination of service occurred before the
282282 24 effective date of that Act and apply retroactively to August
283283 25 23, 1989.
284284 26 Notwithstanding Sections 1-103.1 and 17-157, the changes
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295295 1 to this Section and Section 17-106 made by Public Act 92-599
296296 2 apply without regard to whether termination of service
297297 3 occurred before June 28, 2002 (the effective date of Public
298298 4 Act 92-599).
299299 5 Notwithstanding Sections 1-103.1 and 17-157, the changes
300300 6 to this Section made by Public Act 97-912 apply without regard
301301 7 to whether termination of service occurred before August 8,
302302 8 2012 (the effective date of Public Act 97-912).
303303 9 The changes made by this amendatory Act of the 104th
304304 10 General Assembly are retroactive to July 1, 2020. All service
305305 11 retirement pensioners whose service retirement pensions were
306306 12 cancelled as a result of re-employment as a teacher pursuant
307307 13 to this Section during the period of July 1, 2020 through the
308308 14 effective date of this amendatory Act of the 104th General
309309 15 Assembly shall have their overpayments recalculated on a pro
310310 16 rata basis consistent with the changes made by this amendatory
311311 17 Act of the 104th General Assembly, and the difference between
312312 18 the initial overpayment and the recalculated overpayment shall
313313 19 be refunded to those service retirement pensioners with
314314 20 interest.
315315 21 (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22;
316316 22 103-154, eff. 6-30-23; 103-588, eff. 6-5-24.)
317317 23 Section 90. The State Mandates Act is amended by adding
318318 24 Section 8.49 as follows:
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329329 1 (30 ILCS 805/8.49 new)
330330 2 Sec. 8.49. Exempt mandate. Notwithstanding Sections 6 and
331331 3 8 of this Act, no reimbursement by the State is required for
332332 4 the implementation of any mandate created by this amendatory
333333 5 Act of the 104th General Assembly.
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