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| Public Act 101-0340 | ||||
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AN ACT concerning public employee benefits.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Section 17-149 as follows:
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(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
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Sec. 17-149. Cancellation of pensions.
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(a) If any person receiving a disability retirement
pension | ||||
from the Fund is re-employed as a teacher by an Employer, the | ||||
pension
shall be cancelled on the date the re-employment | ||||
begins, or on the first day of
a payroll period for which | ||||
service credit was validated, whichever is earlier.
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(b) If any person receiving a service retirement pension | ||||
from the Fund
is re-employed as a teacher on a permanent or | ||||
annual basis by an Employer,
the pension shall be cancelled on | ||||
the date the re-employment begins, or on
the first day of a | ||||
payroll period for which service credit was validated,
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whichever is earlier. However, subject to the limitations and | ||||
requirements of subsection (c-5), the pension shall not be | ||||
cancelled
in the case of a service retirement pensioner who is
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re-employed on a temporary and non-annual basis or on an hourly | ||||
basis.
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(c) If the date of re-employment on a permanent or annual | ||||
basis
occurs within 5 school months after the date of previous | ||
retirement, exclusive
of any vacation period, the member shall | ||
be deemed to have been out of service
only temporarily and not | ||
permanently retired. Such person shall be entitled
to pension | ||
payments for the time he could have been employed as a teacher | ||
and
received salary, but shall not be entitled to pension for | ||
or during the summer
vacation prior to his return to service.
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When the member again retires on pension, the time of | ||
service and the
money contributed by him during re-employment | ||
shall be added to the time
and money previously credited. Such | ||
person must acquire 3 consecutive years
of additional | ||
contributing service before he may retire again on a pension
at | ||
a rate and under conditions other than those in force or | ||
attained at the
time of his previous retirement.
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(c-5) For school years beginning on or after July 1, 2019, | ||
the service retirement pension shall not be cancelled in the | ||
case of a service retirement pensioner who is re-employed as a | ||
teacher on a temporary and non-annual basis or on an hourly | ||
basis, so long as the person (1) does not work as a teacher for | ||
compensation on more than 120 days in a school year or (2) does | ||
not accept gross compensation for the re-employment in a school | ||
year in excess of (i) $30,000 or (ii) in the case of a person | ||
who retires with at least 5 years of service as a principal, an | ||
amount that is equal to the daily rate normally paid to retired | ||
principals multiplied by 100. These limitations apply only to | ||
school years that begin on or after July 1, 2019. Such | ||
re-employment does not require contributions, result in | ||
service credit, or constitute active membership in the Fund. | ||
The service retirement pension shall not be cancelled
in | ||
the case of a service retirement pensioner who is
re-employed | ||
as a teacher on a temporary and non-annual basis or on an | ||
hourly basis, so long as the person (1) does not work as a | ||
teacher for compensation on more than 100 days in a school year | ||
or (2) does not accept gross compensation for the re-employment | ||
in a school year in excess of (i) $30,000 or (ii) in the case of | ||
a person who retires with at least 5 years of service as a | ||
principal, an amount that is equal to the daily rate normally | ||
paid to retired principals multiplied by 100. These limitations | ||
apply only to school years that begin on or after August 8, | ||
2012 (the effective date of Public Act 97-912) and before July | ||
1, 2019. Such re-employment does not require contributions, | ||
result in service credit, or constitute active membership in | ||
the Fund. | ||
Notwithstanding the 120-day 100-day limit set forth in item | ||
(1) of this subsection (c-5), the service retirement pension | ||
shall not be cancelled in the case of a service retirement | ||
pensioner who teaches only driver education courses after | ||
regular school hours and does not teach any other subject area, | ||
so long as the person does not work as a teacher for | ||
compensation for more than 900 hours in a school year. The | ||
$30,000 limit set forth in subitem (i) of item (2) of this | ||
subsection (c-5) shall apply to a service retirement pensioner | ||
who teaches only driver education courses after regular school | ||
hours and does not teach any other subject area. | ||
To be eligible for such re-employment without cancellation | ||
of pension, the pensioner must notify the Fund and the Board of | ||
Education of his or her intention to accept re-employment under | ||
this subsection (c-5) before beginning that re-employment (or | ||
if the re-employment began before the effective date of this | ||
amendatory Act, then within 30 days after that effective date). | ||
An Employer must certify to the Fund the temporary and | ||
non-annual or hourly status and the compensation of each | ||
pensioner re-employed under this subsection at least | ||
quarterly, and when the pensioner is approaching the earnings | ||
limitation under this subsection. | ||
If the pensioner works more than 100 days or accepts excess | ||
gross compensation for such re-employment in any school year | ||
that begins on or after August 8, 2012 (the effective date of | ||
Public Act 97-912), the service retirement pension shall | ||
thereupon be cancelled. | ||
If the pensioner who only teaches drivers education courses | ||
after regular school hours works more than 900 hours or accepts | ||
excess gross compensation for such re-employment in any school | ||
year that begins on or after the effective date of this | ||
amendatory Act of the 99th General Assembly, the service | ||
retirement pension shall thereupon be cancelled. | ||
If the pensioner works more than 120 days or accepts excess | ||
gross compensation for such re-employment in any school year | ||
that begins on or after July 1, 2019, the service retirement | ||
pension shall thereupon be cancelled. | ||
The Board of the Fund shall adopt rules for the | ||
implementation and administration of this subsection. | ||
(d) Notwithstanding Sections 1-103.1 and 17-157, the | ||
changes to this
Section made by Public Act 90-32
apply without | ||
regard to whether termination of service occurred before the
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effective date of that Act and apply
retroactively to August | ||
23, 1989.
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Notwithstanding Sections 1-103.1 and 17-157, the changes | ||
to this Section
and Section 17-106 made by Public Act 92-599
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apply without regard to whether termination of service occurred | ||
before the
effective date of that Act.
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Notwithstanding Sections 1-103.1 and 17-157, the changes | ||
to this Section
made by this amendatory Act of the 97th General | ||
Assembly
apply without regard to whether termination of service | ||
occurred before the
effective date of this amendatory Act. | ||
(Source: P.A. 99-176, eff. 7-29-15; 99-786, eff. 8-12-16.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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