SB2473 102ND GENERAL ASSEMBLY

LRB102 16236 RPS 21616 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2473

Introduced 2/26/2021, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

40 ILCS 5/8-165	from Ch. 108 1/2, par. 8-165
40 ILCS 5/8-180.3 new
40 ILCS 5/8-180.4 new
30 ILCS 805/8.45 new

Amends the Chicago Municipal Article of the Illinois Pension Code. Provides that for school years beginning on or after July 1, 2021, an age and service or prior service annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a Special Education Classroom Assistant or Classroom Assistant on a temporary and non-annual basis or on an hourly basis if the employee: does not work for compensation on more than 120 days in a school year; or does not accept gross compensation for the re-employment in a school year in excess of $30,000. Provides that an employee of the Board of Education of the city, regardless of his or her position, may establish service credit in the Fund for employment with the Metropolitan Pier and Exposition Authority or part-time employment with the Board of Education of the city prior to becoming an employee by applying and paying a specified amount to the Fund. Provides that service credit shall not be granted for prior employment for which the applicant received credit under any other provision of the Code or during which the applicant was on a leave of absence. Amends the State Mandates Act to require implementation without reimbursement. Effective July 1, 2021.

FISCAL NOTE ACT MAY APPLY

PENSION IMPACT NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 8-165 and by adding Sections 8-180.3 and 8-180.4 as follows:

(40 ILCS 5/8-165) (from Ch. 108 1/2, par. 8-165)

Sec. 8-165. Re-entry into service.

(a) Except as provided in subsection (c), when When an employee receiving age and service or prior service annuity who has withdrawn from service after the effective date re-enters service before age 65, any annuity previously granted and any annuity fixed for his wife shall be cancelled. The employee shall be credited for annuity purposes with sums sufficient to provide annuities equal to those cancelled, as of their ages on the date of re-entry; provided, the maximum age of the wife for this purpose shall be as provided in Section 8-155 of this Article.

The sums so credited shall provide for annuities to be fixed and granted in the future. Contributions by the employees and the city for the purposes of this Article shall be made, and when the proper time arrives, as provided in this Article, new annuities based upon the total credit for annuity purposes and the entire term of his service shall be fixed for the employee and his wife.

If the employee's wife died before he re-entered service, no part of any credits for widow's or widow's prior service annuity at the time annuity for his wife was fixed shall be credited upon re-entry into service, and no such sums shall thereafter be used to provide such annuity.

(b) Except as provided in subsection (c), when When an employee re-enters service after age 65, payments on account of any annuity previously granted shall be suspended during the time thereafter that he is in service, and when he again withdraws, annuity payments shall be resumed. If the employee dies in service, his widow shall receive the amount of annuity previously fixed for her.

(c) For school years beginning on or after July 1, 2021, an age and service or prior service annuity shall not be cancelled in the case of an employee who is re-employed by the Board of Education of the city as a Special Education Classroom Assistant or Classroom Assistant on a temporary and non-annual basis or on an hourly basis so long as the person: (1) does not work 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 $30,000. These limitations apply only to school years that begin on or after July 1, 2021. Re-employment under this subsection does not require contributions, result in service credit being earned or granted, or constitute active participation in the Fund.

(Source: P.A. 81-1536.)

(40 ILCS 5/8-180.3 new)

Sec. 8-180.3. Credit for service as a part-time employee of the Board of Education of the city. An employee of the Board of Education of the city, regardless of his or her position, may establish service credit in the Fund for part-time employment with the Board of Education of the city prior to becoming an employee by applying and paying to the Fund for that employment an amount equal to the (1) employee contributions based on the actual compensation received and the rate of contribution in effect on the date of payment; plus (2) an amount representing employer contributions determined by the retirement board; plus (3) interest at the effective rate from the date of service to the date of payment. However, service credit shall not be granted under this Section for any such prior employment for which the applicant received credit under any other provision of this Code or during which the applicant was on a leave of absence.

(40 ILCS 5/8-180.4 new)

Sec. 8-180.4. Credit for service as an employee of the Metropolitan Pier and Exposition Authority. An employee of the Board of Education of the city, regardless of his or her position, may establish service credit in the Fund for employment with the Metropolitan Pier and Exposition Authority prior to becoming an employee by applying and paying to the Fund for that employment an amount equal to the (1) employee contributions based on the actual compensation received and the rate of contribution in effect on the date of payment; plus (2) an amount representing employer contributions determined by the retirement board; plus (3) interest at the effective rate from the date of service to the date of payment. However, service credit shall not be granted under this Section for any such prior employment for which the applicant received credit under any other provision of this Code or during which the applicant was on a leave of absence.

Section 90. The State Mandates Act is amended by adding Section 8.45 as follows:

(30 ILCS 805/8.45 new)

Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8 of this Act, no reimbursement by the State is required for the implementation of any mandate created by this amendatory Act of the 102nd General Assembly.

Section 99. Effective date. This Act takes effect July 1, 2021.