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Public Act 103-0515 | ||||
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AN ACT concerning education.
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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 16-158 as follows:
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(40 ILCS 5/16-158)
(from Ch. 108 1/2, par. 16-158)
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Sec. 16-158. Contributions by State and other employing | ||||
units.
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(a) The State shall make contributions to the System by | ||||
means of
appropriations from the Common School Fund and other | ||||
State funds of amounts
which, together with other employer | ||||
contributions, employee contributions,
investment income, and | ||||
other income, will be sufficient to meet the cost of
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maintaining and administering the System on a 90% funded basis | ||||
in accordance
with actuarial recommendations.
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The Board shall determine the amount of State | ||||
contributions required for
each fiscal year on the basis of | ||||
the actuarial tables and other assumptions
adopted by the | ||||
Board and the recommendations of the actuary, using the | ||||
formula
in subsection (b-3).
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(a-1) Annually, on or before November 15 until November | ||||
15, 2011, the Board shall certify to the
Governor the amount of | ||||
the required State contribution for the coming fiscal
year. |
The certification under this subsection (a-1) shall include a | ||
copy of the actuarial recommendations
upon which it is based | ||
and shall specifically identify the System's projected State | ||
normal cost for that fiscal year.
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On or before May 1, 2004, the Board shall recalculate and | ||
recertify to
the Governor the amount of the required State | ||
contribution to the System for
State fiscal year 2005, taking | ||
into account the amounts appropriated to and
received by the | ||
System under subsection (d) of Section 7.2 of the General
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Obligation Bond Act.
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On or before July 1, 2005, the Board shall recalculate and | ||
recertify
to the Governor the amount of the required State
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contribution to the System for State fiscal year 2006, taking | ||
into account the changes in required State contributions made | ||
by Public Act 94-4.
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On or before April 1, 2011, the Board shall recalculate | ||
and recertify to the Governor the amount of the required State | ||
contribution to the System for State fiscal year 2011, | ||
applying the changes made by Public Act 96-889 to the System's | ||
assets and liabilities as of June 30, 2009 as though Public Act | ||
96-889 was approved on that date. | ||
(a-5) On or before November 1 of each year, beginning | ||
November 1, 2012, the Board shall submit to the State Actuary, | ||
the Governor, and the General Assembly a proposed | ||
certification of the amount of the required State contribution | ||
to the System for the next fiscal year, along with all of the |
actuarial assumptions, calculations, and data upon which that | ||
proposed certification is based. On or before January 1 of | ||
each year, beginning January 1, 2013, the State Actuary shall | ||
issue a preliminary report concerning the proposed | ||
certification and identifying, if necessary, recommended | ||
changes in actuarial assumptions that the Board must consider | ||
before finalizing its certification of the required State | ||
contributions. On or before January 15, 2013 and each January | ||
15 thereafter, the Board shall certify to the Governor and the | ||
General Assembly the amount of the required State contribution | ||
for the next fiscal year. The Board's certification must note | ||
any deviations from the State Actuary's recommended changes, | ||
the reason or reasons for not following the State Actuary's | ||
recommended changes, and the fiscal impact of not following | ||
the State Actuary's recommended changes on the required State | ||
contribution. | ||
(a-10) By November 1, 2017, the Board shall recalculate | ||
and recertify to the State Actuary, the Governor, and the | ||
General Assembly the amount of the State contribution to the | ||
System for State fiscal year 2018, taking into account the | ||
changes in required State contributions made by Public Act | ||
100-23. The State Actuary shall review the assumptions and | ||
valuations underlying the Board's revised certification and | ||
issue a preliminary report concerning the proposed | ||
recertification and identifying, if necessary, recommended | ||
changes in actuarial assumptions that the Board must consider |
before finalizing its certification of the required State | ||
contributions. The Board's final certification must note any | ||
deviations from the State Actuary's recommended changes, the | ||
reason or reasons for not following the State Actuary's | ||
recommended changes, and the fiscal impact of not following | ||
the State Actuary's recommended changes on the required State | ||
contribution. | ||
(a-15) On or after June 15, 2019, but no later than June | ||
30, 2019, the Board shall recalculate and recertify to the | ||
Governor and the General Assembly the amount of the State | ||
contribution to the System for State fiscal year 2019, taking | ||
into account the changes in required State contributions made | ||
by Public Act 100-587. The recalculation shall be made using | ||
assumptions adopted by the Board for the original fiscal year | ||
2019 certification. The monthly voucher for the 12th month of | ||
fiscal year 2019 shall be paid by the Comptroller after the | ||
recertification required pursuant to this subsection is | ||
submitted to the Governor, Comptroller, and General Assembly. | ||
The recertification submitted to the General Assembly shall be | ||
filed with the Clerk of the House of Representatives and the | ||
Secretary of the Senate in electronic form only, in the manner | ||
that the Clerk and the Secretary shall direct. | ||
(b) Through State fiscal year 1995, the State | ||
contributions shall be
paid to the System in accordance with | ||
Section 18-7 of the School Code.
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(b-1) Beginning in State fiscal year 1996, on the 15th day |
of each month,
or as soon thereafter as may be practicable, the | ||
Board shall submit vouchers
for payment of State contributions | ||
to the System, in a total monthly amount of
one-twelfth of the | ||
required annual State contribution certified under
subsection | ||
(a-1).
From March 5, 2004 (the
effective date of Public Act | ||
93-665)
through June 30, 2004, the Board shall not submit | ||
vouchers for the
remainder of fiscal year 2004 in excess of the | ||
fiscal year 2004
certified contribution amount determined | ||
under this Section
after taking into consideration the | ||
transfer to the System
under subsection (a) of Section 6z-61 | ||
of the State Finance Act.
These vouchers shall be paid by the | ||
State Comptroller and
Treasurer by warrants drawn on the funds | ||
appropriated to the System for that
fiscal year.
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If in any month the amount remaining unexpended from all | ||
other appropriations
to the System for the applicable fiscal | ||
year (including the appropriations to
the System under Section | ||
8.12 of the State Finance Act and Section 1 of the
State | ||
Pension Funds Continuing Appropriation Act) is less than the | ||
amount
lawfully vouchered under this subsection, the | ||
difference shall be paid from the
Common School Fund under the | ||
continuing appropriation authority provided in
Section 1.1 of | ||
the State Pension Funds Continuing Appropriation Act.
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(b-2) Allocations from the Common School Fund apportioned | ||
to school
districts not coming under this System shall not be | ||
diminished or affected by
the provisions of this Article.
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(b-3) For State fiscal years 2012 through 2045, the |
minimum contribution
to the System to be made by the State for | ||
each fiscal year shall be an amount
determined by the System to | ||
be sufficient to bring the total assets of the
System up to 90% | ||
of the total actuarial liabilities of the System by the end of
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State fiscal year 2045. In making these determinations, the | ||
required State
contribution shall be calculated each year as a | ||
level percentage of payroll
over the years remaining to and | ||
including fiscal year 2045 and shall be
determined under the | ||
projected unit credit actuarial cost method.
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For each of State fiscal years 2018, 2019, and 2020, the | ||
State shall make an additional contribution to the System | ||
equal to 2% of the total payroll of each employee who is deemed | ||
to have elected the benefits under Section 1-161 or who has | ||
made the election under subsection (c) of Section 1-161. | ||
A change in an actuarial or investment assumption that | ||
increases or
decreases the required State contribution and | ||
first
applies in State fiscal year 2018 or thereafter shall be
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implemented in equal annual amounts over a 5-year period
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beginning in the State fiscal year in which the actuarial
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change first applies to the required State contribution. | ||
A change in an actuarial or investment assumption that | ||
increases or
decreases the required State contribution and | ||
first
applied to the State contribution in fiscal year 2014, | ||
2015, 2016, or 2017 shall be
implemented: | ||
(i) as already applied in State fiscal years before | ||
2018; and |
(ii) in the portion of the 5-year period beginning in | ||
the State fiscal year in which the actuarial
change first | ||
applied that occurs in State fiscal year 2018 or | ||
thereafter, by calculating the change in equal annual | ||
amounts over that 5-year period and then implementing it | ||
at the resulting annual rate in each of the remaining | ||
fiscal years in that 5-year period. | ||
For State fiscal years 1996 through 2005, the State | ||
contribution to the
System, as a percentage of the applicable | ||
employee payroll, shall be increased
in equal annual | ||
increments so that by State fiscal year 2011, the State is
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contributing at the rate required under this Section; except | ||
that in the
following specified State fiscal years, the State | ||
contribution to the System
shall not be less than the | ||
following indicated percentages of the applicable
employee | ||
payroll, even if the indicated percentage will produce a State
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contribution in excess of the amount otherwise required under | ||
this subsection
and subsection (a), and notwithstanding any | ||
contrary certification made under
subsection (a-1) before May | ||
27, 1998 (the effective date of Public Act 90-582):
10.02% in | ||
FY 1999;
10.77% in FY 2000;
11.47% in FY 2001;
12.16% in FY | ||
2002;
12.86% in FY 2003; and
13.56% in FY 2004.
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Notwithstanding any other provision of this Article, the | ||
total required State
contribution for State fiscal year 2006 | ||
is $534,627,700.
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Notwithstanding any other provision of this Article, the |
total required State
contribution for State fiscal year 2007 | ||
is $738,014,500.
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For each of State fiscal years 2008 through 2009, the | ||
State contribution to
the System, as a percentage of the | ||
applicable employee payroll, shall be
increased in equal | ||
annual increments from the required State contribution for | ||
State fiscal year 2007, so that by State fiscal year 2011, the
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State is contributing at the rate otherwise required under | ||
this Section.
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Notwithstanding any other provision of this Article, the | ||
total required State contribution for State fiscal year 2010 | ||
is $2,089,268,000 and shall be made from the proceeds of bonds | ||
sold in fiscal year 2010 pursuant to Section 7.2 of the General | ||
Obligation Bond Act, less (i) the pro rata share of bond sale | ||
expenses determined by the System's share of total bond | ||
proceeds, (ii) any amounts received from the Common School | ||
Fund in fiscal year 2010, and (iii) any reduction in bond | ||
proceeds due to the issuance of discounted bonds, if | ||
applicable. | ||
Notwithstanding any other provision of this Article, the
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total required State contribution for State fiscal year 2011 | ||
is
the amount recertified by the System on or before April 1, | ||
2011 pursuant to subsection (a-1) of this Section and shall be | ||
made from the proceeds of bonds
sold in fiscal year 2011 | ||
pursuant to Section 7.2 of the General
Obligation Bond Act, | ||
less (i) the pro rata share of bond sale
expenses determined by |
the System's share of total bond
proceeds, (ii) any amounts | ||
received from the Common School Fund
in fiscal year 2011, and | ||
(iii) any reduction in bond proceeds
due to the issuance of | ||
discounted bonds, if applicable. This amount shall include, in | ||
addition to the amount certified by the System, an amount | ||
necessary to meet employer contributions required by the State | ||
as an employer under paragraph (e) of this Section, which may | ||
also be used by the System for contributions required by | ||
paragraph (a) of Section 16-127. | ||
Beginning in State fiscal year 2046, the minimum State | ||
contribution for
each fiscal year shall be the amount needed | ||
to maintain the total assets of
the System at 90% of the total | ||
actuarial liabilities of the System.
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Amounts received by the System pursuant to Section 25 of | ||
the Budget Stabilization Act or Section 8.12 of the State | ||
Finance Act in any fiscal year do not reduce and do not | ||
constitute payment of any portion of the minimum State | ||
contribution required under this Article in that fiscal year. | ||
Such amounts shall not reduce, and shall not be included in the | ||
calculation of, the required State contributions under this | ||
Article in any future year until the System has reached a | ||
funding ratio of at least 90%. A reference in this Article to | ||
the "required State contribution" or any substantially similar | ||
term does not include or apply to any amounts payable to the | ||
System under Section 25 of the Budget Stabilization Act. | ||
Notwithstanding any other provision of this Section, the |
required State
contribution for State fiscal year 2005 and for | ||
fiscal year 2008 and each fiscal year thereafter, as
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calculated under this Section and
certified under subsection | ||
(a-1), shall not exceed an amount equal to (i) the
amount of | ||
the required State contribution that would have been | ||
calculated under
this Section for that fiscal year if the | ||
System had not received any payments
under subsection (d) of | ||
Section 7.2 of the General Obligation Bond Act, minus
(ii) the | ||
portion of the State's total debt service payments for that | ||
fiscal
year on the bonds issued in fiscal year 2003 for the | ||
purposes of that Section 7.2, as determined
and certified by | ||
the Comptroller, that is the same as the System's portion of
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the total moneys distributed under subsection (d) of Section | ||
7.2 of the General
Obligation Bond Act. In determining this | ||
maximum for State fiscal years 2008 through 2010, however, the | ||
amount referred to in item (i) shall be increased, as a | ||
percentage of the applicable employee payroll, in equal | ||
increments calculated from the sum of the required State | ||
contribution for State fiscal year 2007 plus the applicable | ||
portion of the State's total debt service payments for fiscal | ||
year 2007 on the bonds issued in fiscal year 2003 for the | ||
purposes of Section 7.2 of the General
Obligation Bond Act, so | ||
that, by State fiscal year 2011, the
State is contributing at | ||
the rate otherwise required under this Section.
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(b-4) Beginning in fiscal year 2018, each employer under | ||
this Article shall pay to the System a required contribution |
determined as a percentage of projected payroll and sufficient | ||
to produce an annual amount equal to: | ||
(i) for each of fiscal years 2018, 2019, and 2020, the | ||
defined benefit normal cost of the defined benefit plan, | ||
less the employee contribution, for each employee of that | ||
employer who has elected or who is deemed to have elected | ||
the benefits under Section 1-161 or who has made the | ||
election under subsection (b) of Section 1-161; for fiscal | ||
year 2021 and each fiscal year thereafter, the defined | ||
benefit normal cost of the defined benefit plan, less the | ||
employee contribution, plus 2%, for each employee of that | ||
employer who has elected or who is deemed to have elected | ||
the benefits under Section 1-161 or who has made the | ||
election under subsection (b) of Section 1-161; plus | ||
(ii) the amount required for that fiscal year to | ||
amortize any unfunded actuarial accrued liability | ||
associated with the present value of liabilities | ||
attributable to the employer's account under Section | ||
16-158.3, determined
as a level percentage of payroll over | ||
a 30-year rolling amortization period. | ||
In determining contributions required under item (i) of | ||
this subsection, the System shall determine an aggregate rate | ||
for all employers, expressed as a percentage of projected | ||
payroll. | ||
In determining the contributions required under item (ii) | ||
of this subsection, the amount shall be computed by the System |
on the basis of the actuarial assumptions and tables used in | ||
the most recent actuarial valuation of the System that is | ||
available at the time of the computation. | ||
The contributions required under this subsection (b-4) | ||
shall be paid by an employer concurrently with that employer's | ||
payroll payment period. The State, as the actual employer of | ||
an employee, shall make the required contributions under this | ||
subsection. | ||
(c) Payment of the required State contributions and of all | ||
pensions,
retirement annuities, death benefits, refunds, and | ||
other benefits granted
under or assumed by this System, and | ||
all expenses in connection with the
administration and | ||
operation thereof, are obligations of the State.
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If members are paid from special trust or federal funds | ||
which are
administered by the employing unit, whether school | ||
district or other
unit, the employing unit shall pay to the | ||
System from such
funds the full accruing retirement costs | ||
based upon that
service, which, beginning July 1, 2017, shall | ||
be at a rate, expressed as a percentage of salary, equal to the | ||
total employer's normal cost, expressed as a percentage of | ||
payroll, as determined by the System. Employer contributions, | ||
based on
salary paid to members from federal funds, may be | ||
forwarded by the distributing
agency of the State of Illinois | ||
to the System prior to allocation, in an
amount determined in | ||
accordance with guidelines established by such
agency and the | ||
System. Any contribution for fiscal year 2015 collected as a |
result of the change made by Public Act 98-674 shall be | ||
considered a State contribution under subsection (b-3) of this | ||
Section.
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(d) Effective July 1, 1986, any employer of a teacher as | ||
defined in
paragraph (8) of Section 16-106 shall pay the | ||
employer's normal cost
of benefits based upon the teacher's | ||
service, in addition to
employee contributions, as determined | ||
by the System. Such employer
contributions shall be forwarded | ||
monthly in accordance with guidelines
established by the | ||
System.
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However, with respect to benefits granted under Section | ||
16-133.4 or
16-133.5 to a teacher as defined in paragraph (8) | ||
of Section 16-106, the
employer's contribution shall be 12% | ||
(rather than 20%) of the member's
highest annual salary rate | ||
for each year of creditable service granted, and
the employer | ||
shall also pay the required employee contribution on behalf of
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the teacher. For the purposes of Sections 16-133.4 and | ||
16-133.5, a teacher
as defined in paragraph (8) of Section | ||
16-106 who is serving in that capacity
while on leave of | ||
absence from another employer under this Article shall not
be | ||
considered an employee of the employer from which the teacher | ||
is on leave.
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(e) Beginning July 1, 1998, every employer of a teacher
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shall pay to the System an employer contribution computed as | ||
follows:
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(1) Beginning July 1, 1998 through June 30, 1999, the |
employer
contribution shall be equal to 0.3% of each | ||
teacher's salary.
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(2) Beginning July 1, 1999 and thereafter, the | ||
employer
contribution shall be equal to 0.58% of each | ||
teacher's salary.
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The school district or other employing unit may pay these | ||
employer
contributions out of any source of funding available | ||
for that purpose and
shall forward the contributions to the | ||
System on the schedule established
for the payment of member | ||
contributions.
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These employer contributions are intended to offset a | ||
portion of the cost
to the System of the increases in | ||
retirement benefits resulting from Public Act 90-582.
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Each employer of teachers is entitled to a credit against | ||
the contributions
required under this subsection (e) with | ||
respect to salaries paid to teachers
for the period January 1, | ||
2002 through June 30, 2003, equal to the amount paid
by that | ||
employer under subsection (a-5) of Section 6.6 of the State | ||
Employees
Group Insurance Act of 1971 with respect to salaries | ||
paid to teachers for that
period.
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The additional 1% employee contribution required under | ||
Section 16-152 by Public Act 90-582
is the responsibility of | ||
the teacher and not the
teacher's employer, unless the | ||
employer agrees, through collective bargaining
or otherwise, | ||
to make the contribution on behalf of the teacher.
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If an employer is required by a contract in effect on May |
1, 1998 between the
employer and an employee organization to | ||
pay, on behalf of all its full-time
employees
covered by this | ||
Article, all mandatory employee contributions required under
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this Article, then the employer shall be excused from paying | ||
the employer
contribution required under this subsection (e) | ||
for the balance of the term
of that contract. The employer and | ||
the employee organization shall jointly
certify to the System | ||
the existence of the contractual requirement, in such
form as | ||
the System may prescribe. This exclusion shall cease upon the
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termination, extension, or renewal of the contract at any time | ||
after May 1,
1998.
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(f) If the amount of a teacher's salary for any school year | ||
used to determine final average salary exceeds the member's | ||
annual full-time salary rate with the same employer for the | ||
previous school year by more than 6%, the teacher's employer | ||
shall pay to the System, in addition to all other payments | ||
required under this Section and in accordance with guidelines | ||
established by the System, the present value of the increase | ||
in benefits resulting from the portion of the increase in | ||
salary that is in excess of 6%. This present value shall be | ||
computed by the System on the basis of the actuarial | ||
assumptions and tables used in the most recent actuarial | ||
valuation of the System that is available at the time of the | ||
computation. If a teacher's salary for the 2005-2006 school | ||
year is used to determine final average salary under this | ||
subsection (f), then the changes made to this subsection (f) |
by Public Act 94-1057 shall apply in calculating whether the | ||
increase in his or her salary is in excess of 6%. For the | ||
purposes of this Section, change in employment under Section | ||
10-21.12 of the School Code on or after June 1, 2005 shall | ||
constitute a change in employer. The System may require the | ||
employer to provide any pertinent information or | ||
documentation.
The changes made to this subsection (f) by | ||
Public Act 94-1111 apply without regard to whether the teacher | ||
was in service on or after its effective date.
| ||
Whenever it determines that a payment is or may be | ||
required under this subsection, the System shall calculate the | ||
amount of the payment and bill the employer for that amount. | ||
The bill shall specify the calculations used to determine the | ||
amount due. If the employer disputes the amount of the bill, it | ||
may, within 30 days after receipt of the bill, apply to the | ||
System in writing for a recalculation. The application must | ||
specify in detail the grounds of the dispute and, if the | ||
employer asserts that the calculation is subject to subsection | ||
(g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section, | ||
must include an affidavit setting forth and attesting to all | ||
facts within the employer's knowledge that are pertinent to | ||
the applicability of that subsection. Upon receiving a timely | ||
application for recalculation, the System shall review the | ||
application and, if appropriate, recalculate the amount due.
| ||
The employer contributions required under this subsection | ||
(f) may be paid in the form of a lump sum within 90 days after |
receipt of the bill. If the employer contributions are not | ||
paid within 90 days after receipt of the bill, then interest | ||
will be charged at a rate equal to the System's annual | ||
actuarially assumed rate of return on investment compounded | ||
annually from the 91st day after receipt of the bill. Payments | ||
must be concluded within 3 years after the employer's receipt | ||
of the bill.
| ||
(f-1) (Blank). | ||
(g) This subsection (g) applies only to payments made or | ||
salary increases given on or after June 1, 2005 but before July | ||
1, 2011. The changes made by Public Act 94-1057 shall not | ||
require the System to refund any payments received before
July | ||
31, 2006 (the effective date of Public Act 94-1057). | ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to | ||
teachers under contracts or collective bargaining agreements | ||
entered into, amended, or renewed before June 1, 2005.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases paid to a | ||
teacher at a time when the teacher is 10 or more years from | ||
retirement eligibility under Section 16-132 or 16-133.2.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude salary increases resulting from | ||
overload work, including summer school, when the school | ||
district has certified to the System, and the System has | ||
approved the certification, that (i) the overload work is for |
the sole purpose of classroom instruction in excess of the | ||
standard number of classes for a full-time teacher in a school | ||
district during a school year and (ii) the salary increases | ||
are equal to or less than the rate of pay for classroom | ||
instruction computed on the teacher's current salary and work | ||
schedule.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude a salary increase resulting from | ||
a promotion (i) for which the employee is required to hold a | ||
certificate or supervisory endorsement issued by the State | ||
Teacher Certification Board that is a different certification | ||
or supervisory endorsement than is required for the teacher's | ||
previous position and (ii) to a position that has existed and | ||
been filled by a member for no less than one complete academic | ||
year and the salary increase from the promotion is an increase | ||
that results in an amount no greater than the lesser of the | ||
average salary paid for other similar positions in the | ||
district requiring the same certification or the amount | ||
stipulated in the collective bargaining agreement for a | ||
similar position requiring the same certification.
| ||
When assessing payment for any amount due under subsection | ||
(f), the System shall exclude any payment to the teacher from | ||
the State of Illinois or the State Board of Education over | ||
which the employer does not have discretion, notwithstanding | ||
that the payment is included in the computation of final | ||
average salary.
|
(g-5) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude salary increases | ||
resulting from overload or stipend work performed in a school | ||
year subsequent to a school year in which the employer was | ||
unable to offer or allow to be conducted overload or stipend | ||
work due to an emergency declaration limiting such activities. | ||
(g-10) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude salary increases | ||
resulting from increased instructional time that exceeded the | ||
instructional time required during the 2019-2020 school year. | ||
(g-15) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude salary increases | ||
resulting from teaching summer school on or after May 1, 2021 | ||
and before September 15, 2022. | ||
(g-20) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude salary increases | ||
necessary to bring a school board in compliance with Public | ||
Act 101-443 or this amendatory Act of the 103rd General | ||
Assembly. | ||
(h) When assessing payment for any amount due under | ||
subsection (f), the System shall exclude any salary increase | ||
described in subsection (g) of this Section given on or after | ||
July 1, 2011 but before July 1, 2014 under a contract or | ||
collective bargaining agreement entered into, amended, or | ||
renewed on or after June 1, 2005 but before July 1, 2011. | ||
Notwithstanding any other provision of this Section, any |
payments made or salary increases given after June 30, 2014 | ||
shall be used in assessing payment for any amount due under | ||
subsection (f) of this Section.
| ||
(i) The System shall prepare a report and file copies of | ||
the report with the Governor and the General Assembly by | ||
January 1, 2007 that contains all of the following | ||
information: | ||
(1) The number of recalculations required by the | ||
changes made to this Section by Public Act 94-1057 for | ||
each employer. | ||
(2) The dollar amount by which each employer's | ||
contribution to the System was changed due to | ||
recalculations required by Public Act 94-1057. | ||
(3) The total amount the System received from each | ||
employer as a result of the changes made to this Section by | ||
Public Act 94-4. | ||
(4) The increase in the required State contribution | ||
resulting from the changes made to this Section by Public | ||
Act 94-1057.
| ||
(i-5) For school years beginning on or after July 1, 2017, | ||
if the amount of a participant's salary for any school year | ||
exceeds the amount of the salary set for the Governor, the | ||
participant's employer shall pay to the System, in addition to | ||
all other payments required under this Section and in | ||
accordance with guidelines established by the System, an | ||
amount determined by the System to be equal to the employer |
normal cost, as established by the System and expressed as a | ||
total percentage of payroll, multiplied by the amount of | ||
salary in excess of the amount of the salary set for the | ||
Governor. This amount shall be computed by the System on the | ||
basis of the actuarial assumptions and tables used in the most | ||
recent actuarial valuation of the System that is available at | ||
the time of the computation. The System may require the | ||
employer to provide any pertinent information or | ||
documentation. | ||
Whenever it determines that a payment is or may be | ||
required under this subsection, the System shall calculate the | ||
amount of the payment and bill the employer for that amount. | ||
The bill shall specify the calculations used to determine the | ||
amount due. If the employer disputes the amount of the bill, it | ||
may, within 30 days after receipt of the bill, apply to the | ||
System in writing for a recalculation. The application must | ||
specify in detail the grounds of the dispute. Upon receiving a | ||
timely application for recalculation, the System shall review | ||
the application and, if appropriate, recalculate the amount | ||
due. | ||
The employer contributions required under this subsection | ||
may be paid in the form of a lump sum within 90 days after | ||
receipt of the bill. If the employer contributions are not | ||
paid within 90 days after receipt of the bill, then interest | ||
will be charged at a rate equal to the System's annual | ||
actuarially assumed rate of return on investment compounded |
annually from the 91st day after receipt of the bill. Payments | ||
must be concluded within 3 years after the employer's receipt | ||
of the bill. | ||
(j) For purposes of determining the required State | ||
contribution to the System, the value of the System's assets | ||
shall be equal to the actuarial value of the System's assets, | ||
which shall be calculated as follows: | ||
As of June 30, 2008, the actuarial value of the System's | ||
assets shall be equal to the market value of the assets as of | ||
that date. In determining the actuarial value of the System's | ||
assets for fiscal years after June 30, 2008, any actuarial | ||
gains or losses from investment return incurred in a fiscal | ||
year shall be recognized in equal annual amounts over the | ||
5-year period following that fiscal year. | ||
(k) For purposes of determining the required State | ||
contribution to the system for a particular year, the | ||
actuarial value of assets shall be assumed to earn a rate of | ||
return equal to the system's actuarially assumed rate of | ||
return. | ||
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; | ||
102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff. | ||
8-20-21; 102-813, eff. 5-13-22.)
| ||
Section 10. The School Code is amended by changing Section | ||
24-8 as follows:
|
(105 ILCS 5/24-8) (from Ch. 122, par. 24-8)
| ||
Sec. 24-8. Minimum salary. In fixing the salaries of | ||
teachers, school boards shall pay those who
serve on a | ||
full-time basis not less than a rate for the school year that
| ||
is based upon training completed in a recognized institution | ||
of higher
learning, as follows: for the school year beginning | ||
July 1, 1980 and
until the 2020-2021 school year, less than a | ||
bachelor's degree, $9,000; 120 semester hours or
more and a | ||
bachelor's degree, $10,000; 150 semester hours or more and a
| ||
master's degree, $11,000. In fixing the salaries of teachers, | ||
a school board shall pay those who serve on a full-time basis a | ||
rate not less than (i) $32,076 for the 2020-2021 school year, | ||
(ii) $34,576 for the 2021-2022 school year, (iii) $37,076 for | ||
the 2022-2023 school year, and (iv) $40,000 for the 2023-2024 | ||
school year. The minimum salary rate for each school year | ||
thereafter , subject to review by the General Assembly, shall | ||
equal the minimum salary rate for the previous school year | ||
increased by a percentage equal to the annualized percentage | ||
increase, if any, in the Consumer Price Index for All Urban | ||
Consumers for all items published by the United States | ||
Department of Labor for the 12-month period ending on June 30 | ||
of the school year that ended 12 months prior to the school | ||
year in which the adjusted salary is to be in effect the | ||
previous school year .
| ||
In accordance with this Section, the Commission on | ||
Government Forecasting and Accountability shall certify and |
publish the minimum salary rate to be used for the 2024-2025 | ||
school year no later than September 30, 2023. By no later than | ||
July 20, 2024 and annually on or before each July 20 | ||
thereafter, the Commission on Government Forecasting and | ||
Accountability shall certify and publish the minimum salary | ||
rate to be used for each school year after the 2024-2025 school | ||
year in accordance with this Section. | ||
On or before January 31, 2020, the Professional Review | ||
Panel created under Section 18-8.15 must submit a report to | ||
the General Assembly on how State funds and funds distributed | ||
under the evidence-based funding formula under Section 18-8.15 | ||
may aid the financial effects of the changes made by this | ||
amendatory Act of the 101st General Assembly. | ||
Based upon previous public school
experience in this State | ||
or any other state, territory, dependency or
possession of the | ||
United States, or in schools operated by or under the
auspices | ||
of the United States, teachers who serve on a full-time basis
| ||
shall have their salaries increased to at least the following | ||
amounts
above the starting salary for a teacher in such | ||
district in the same
classification: with less than a | ||
bachelor's degree, $750 after 5 years;
with 120 semester hours | ||
or more and a bachelor's degree, $1,000 after 5
years and | ||
$1,600 after 8 years; with 150 semester hours or more and a | ||
master's
degree, $1,250 after 5 years, $2,000 after 8 years | ||
and $2,750 after 13 years.
| ||
For the purpose of this Section a teacher's salary shall |
include any amount
paid by the school district on behalf of the | ||
teacher, as teacher contributions,
to the Teachers' Retirement | ||
System of the State of Illinois.
| ||
If a school board establishes a schedule for teachers' | ||
salaries based
on education and experience, not inconsistent | ||
with this Section, all certificated
nurses employed by that | ||
board shall be paid in accordance with the provisions
of such | ||
schedule.
| ||
For purposes of this Section, a teacher who submits a | ||
certificate of
completion to the school office prior to the | ||
first day of the school
term shall be considered to have the | ||
degree stated in such certificate.
| ||
(Source: P.A. 101-443, eff. 6-1-20 .)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |