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| Public Act 102-0440 | ||||
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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 16-150.1 as follows:
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(40 ILCS 5/16-150.1)
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Sec. 16-150.1. Return to teaching in subject shortage | ||||
area.
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(a) As used in this Section, "eligible employment" means | ||||
employment
beginning on or after July 1, 2003 and ending no | ||||
later than June 30, 2024 2021,
in a subject shortage area at a | ||||
qualified school, in a position requiring
certification under | ||||
the law governing the certification of teachers.
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As used in this Section, "qualified school" means a public | ||||
elementary or
secondary school that meets all of the following | ||||
requirements:
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(1) At the time of hiring a retired teacher under this | ||||
Section, the
school is experiencing a shortage of teachers | ||||
in the subject shortage area
for which the teacher is | ||||
hired.
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(2) The school district to which the school belongs | ||||
has complied with
the requirements of subsection (e), and | ||||
the regional superintendent has
certified that compliance | ||||
to the System.
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(3) If the school district to which the school belongs | ||
provides group
health benefits for its teachers generally, | ||
substantially similar health
benefits are made available | ||
for teachers participating in the program under
this | ||
Section, without any limitations based on pre-existing | ||
conditions.
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(b) An annuitant receiving a retirement annuity under this | ||
Article
(other than a disability retirement annuity) may | ||
engage in eligible
employment at a qualified school without | ||
impairing his or her retirement
status or retirement annuity, | ||
subject to the following conditions:
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(1) the eligible employment does not begin within the | ||
school year
during which service was terminated;
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(2) the annuitant has not received any early | ||
retirement incentive under
Section 16-133.3, 16-133.4, or | ||
16-133.5;
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(3) if the annuitant retired before age 60 and with | ||
less than 34 years
of service, the eligible employment | ||
does not begin within the year following
the effective | ||
date of the retirement annuity;
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(4) if the annuitant retired at age 60 or above or with | ||
34 or more
years of service, the eligible employment does | ||
not begin within the 90 days
following the effective date | ||
of the retirement annuity; and
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(5) before the eligible employment begins, the | ||
employer notifies the
System in writing of the annuitant's | ||
desire to participate in the program
established under | ||
this Section.
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(c) An annuitant engaged in eligible employment in | ||
accordance with
subsection (b) shall be deemed a participant | ||
in the program established
under this Section for so long as he | ||
or she remains employed in eligible
employment.
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(d) A participant in the program established under this | ||
Section continues
to be a retirement annuitant, rather than an | ||
active teacher, for all of the
purposes of this Code, but shall | ||
be deemed an active teacher for other
purposes, such as | ||
inclusion in a collective bargaining unit, eligibility for
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group health benefits, and compliance with the laws governing | ||
the employment,
regulation, certification, treatment, and | ||
conduct of teachers.
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With respect to an annuitant's eligible employment under | ||
this Section,
neither employee nor employer contributions | ||
shall be made to the System and
no additional service credit | ||
shall be earned. Eligible employment does not
affect the | ||
annuitant's final average salary or the amount of the | ||
retirement
annuity.
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(e) Before hiring a teacher under this Section, the school | ||
district
to which the school belongs must do the following:
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(1) If the school district to which the school belongs | ||
has honorably
dismissed, within the calendar year | ||
preceding the beginning of the school term
for which it | ||
seeks to employ a retired teacher under the program | ||
established in
this Section, any teachers who are legally | ||
qualified to hold positions in the
subject shortage area | ||
and have not yet begun to receive their retirement
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annuities under this Article, the vacant positions must | ||
first be tendered to
those teachers.
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(2) For a period of at least 90 days
during the 6 | ||
months preceding the beginning of either the fall or | ||
spring term for which
it seeks to employ a retired teacher | ||
under the program established in this
Section, the school | ||
district must, on an ongoing basis, both (i) advertise
its | ||
vacancies in the subject shortage area in a newspaper of | ||
general
circulation in the area in which the school is | ||
located and in employment
bulletins published by college | ||
and university placement offices located near
the school; | ||
and (ii) search for teachers legally qualified to fill | ||
those
vacancies through the Illinois Education Job Bank; | ||
and (iii) post all vacancies on the school district's | ||
website and list the vacancy in an online job portal or | ||
database. | ||
A school district replacing a teacher who is unable to | ||
continue employment with the school district because of | ||
documented illness, injury, or disability that occurred after | ||
being hired by a school district under this Section shall be | ||
exempt from the provisions of paragraph (2) for 90 school | ||
days. However, the school district must on an ongoing basis | ||
comply with items (i), (ii), and (iii) of paragraph (2).
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The school district must submit documentation of its | ||
compliance with this
subsection to the regional | ||
superintendent. Upon receiving satisfactory
documentation from | ||
the school district, the regional superintendent shall
certify | ||
the district's compliance with this subsection to the System.
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(f) This Section applies without regard to whether the | ||
annuitant was in
service on or after the effective date of this | ||
amendatory Act of the 93rd
General Assembly.
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(Source: P.A. 100-743, eff. 8-10-18; 101-49, eff. 7-12-19.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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