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| Public Act 099-0786 | ||||
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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 | ||||
Sections 17-143.5 and 17-149 as follows: | ||||
(40 ILCS 5/17-143.5 new) | ||||
Sec. 17-143.5. Testimony and the production of records. The | ||||
Board shall have the power to issue subpoenas to compel the | ||||
attendance of witnesses and the production of documents and | ||||
records in conjunction with the determination of employer | ||||
payments required under subsection (c) of Section 17-116, a | ||||
disability claim, an administrative review proceeding, an | ||||
attempt to obtain information to assist in the collection of | ||||
sums due to the Fund, or a felony forfeiture investigation. The | ||||
fees of witnesses for attendance and travel shall be the same | ||||
as the fees of witnesses before the circuit courts of this | ||||
State and shall be paid by the party seeking the subpoena. The | ||||
Board may apply to any circuit court in the State for an order | ||||
requiring compliance with a subpoena issued under this Section. | ||||
Subpoenas issued under this Section shall be subject to | ||||
applicable provisions of the Code of Civil Procedure.
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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) The service retirement pension shall not be cancelled
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in the case of a service retirement pensioner who is
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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) this amendatory | ||
Act of the 97th General Assembly. Such re-employment does not | ||
require contributions, result in service credit, or constitute | ||
active membership in the Fund. | ||
Notwithstanding the 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) this amendatory Act of the 97th General | ||
Assembly, 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. | ||
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.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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