Public Act 102-1013
 
SB3465 EnrolledLRB102 23987 RPS 33193 b


  
    AN ACT concerning public employee benefits.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois Pension Code is amended  by 
changing Section 17-149 as follows:
 



    (40 ILCS 5/17-149)  (from Ch. 108 1/2, par. 17-149)



    Sec. 17-149. Cancellation of pensions. 

    (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.

    (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,

whichever is earlier.  However, subject to the limitations and 
requirements of subsection (c-5) or (c-10), the pension shall 
not be cancelled
in the case of a service retirement pensioner 
who is
re-employed on a temporary and non-annual basis or on an 
hourly basis.

    (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.

    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.

    (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 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. 
    (c-10) Until June 30, 2024, the service retirement pension 
of a service retirement pensioner shall not be cancelled if 
the service retirement pensioner is employed in a subject 
shortage area and the Employer that is  employing the service 
retirement pensioner meets the following requirements: 
        (1) If the Employer
    has honorably dismissed, within 
    the calendar year preceding the beginning of the school 
    term for which it seeks to employ a service retirement 
    pensioner under this subsection, any teachers who are 
    legally qualified to hold positions in the subject 
    shortage area and have not yet begun to receive their 
    service retirement pensions under this Article, the vacant 
    positions must first be tendered to those teachers.
        (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 service 
    retirement pensioner under this subsection, the Employer 
    must, on an ongoing basis, (i) advertise its vacancies in 
    the subject shortage area in employment bulletins 
    published by college and university placement offices 
    located near the school; (ii) search for teachers legally 
    qualified to fill those vacancies through the Illinois 
    Education Job Bank; and (iii) post all vacancies on the 
    Employer's website and list the vacancy in an online job 
    portal or database. 
    An Employer of a teacher who is unable to continue 
employment with the Employer because of documented illness, 
injury, or disability that occurred after being hired by the 
Employer under this subsection is exempt from the provisions 
of paragraph (2) for 90 school days. However, the Employer 
must on an ongoing basis comply with items (i), (ii), and (iii) 
of paragraph (2). 
    The Employer must submit documentation of its compliance 
with this subsection to the regional superintendent. Upon 
receiving satisfactory documentation from the Employer, the 
regional superintendent shall certify the Employer's 
compliance with this subsection to the Fund. 
    (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

effective date of that Act and apply
retroactively to August 
23, 1989.

    Notwithstanding Sections 1-103.1 and 17-157, the changes 
to this Section
and Section 17-106 made by Public Act 92-599

apply without regard to whether termination of service 
occurred before the
effective date of that Act.

    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. 101-340, eff. 8-9-19.)

  
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.