104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2564

 

Introduced 2/4/2025, by Rep. Dave Vella

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-158  from Ch. 108 1/2, par. 16-158

    Amends the Downstate Teacher Article of the Illinois Pension Code. In provisions requiring an additional employer contribution for certain salary increases greater than 6%, provides that the System shall exclude salary increases given on or after July 1, 2025 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. Effective immediately.


LRB104 05520 RPS 15549 b

 

 

A BILL FOR

 

HB2564LRB104 05520 RPS 15549 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Section 16-158 as follows:
 
6    (40 ILCS 5/16-158)  (from Ch. 108 1/2, par. 16-158)
7    Sec. 16-158. Contributions by State and other employing
8units.
9    (a) The State shall make contributions to the System by
10means of appropriations from the Common School Fund and other
11State funds of amounts which, together with other employer
12contributions, employee contributions, investment income, and
13other income, will be sufficient to meet the cost of
14maintaining and administering the System on a 90% funded basis
15in accordance with actuarial recommendations.
16    The Board shall determine the amount of State
17contributions required for each fiscal year on the basis of
18the actuarial tables and other assumptions adopted by the
19Board and the recommendations of the actuary, using the
20formula in subsection (b-3).
21    (a-1) Annually, on or before November 15 until November
2215, 2011, the Board shall certify to the Governor the amount of
23the required State contribution for the coming fiscal year.

 

 

HB2564- 2 -LRB104 05520 RPS 15549 b

1The certification under this subsection (a-1) shall include a
2copy of the actuarial recommendations upon which it is based
3and shall specifically identify the System's projected State
4normal cost for that fiscal year.
5    On or before May 1, 2004, the Board shall recalculate and
6recertify to the Governor the amount of the required State
7contribution to the System for State fiscal year 2005, taking
8into account the amounts appropriated to and received by the
9System under subsection (d) of Section 7.2 of the General
10Obligation Bond Act.
11    On or before July 1, 2005, the Board shall recalculate and
12recertify to the Governor the amount of the required State
13contribution to the System for State fiscal year 2006, taking
14into account the changes in required State contributions made
15by Public Act 94-4.
16    On or before April 1, 2011, the Board shall recalculate
17and recertify to the Governor the amount of the required State
18contribution to the System for State fiscal year 2011,
19applying the changes made by Public Act 96-889 to the System's
20assets and liabilities as of June 30, 2009 as though Public Act
2196-889 was approved on that date.
22    (a-5) On or before November 1 of each year, beginning
23November 1, 2012, the Board shall submit to the State Actuary,
24the Governor, and the General Assembly a proposed
25certification of the amount of the required State contribution
26to the System for the next fiscal year, along with all of the

 

 

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1actuarial assumptions, calculations, and data upon which that
2proposed certification is based. On or before January 1 of
3each year, beginning January 1, 2013, the State Actuary shall
4issue a preliminary report concerning the proposed
5certification and identifying, if necessary, recommended
6changes in actuarial assumptions that the Board must consider
7before finalizing its certification of the required State
8contributions. On or before January 15, 2013 and each January
915 thereafter, the Board shall certify to the Governor and the
10General Assembly the amount of the required State contribution
11for the next fiscal year. The Board's certification must note
12any deviations from the State Actuary's recommended changes,
13the reason or reasons for not following the State Actuary's
14recommended changes, and the fiscal impact of not following
15the State Actuary's recommended changes on the required State
16contribution.
17    (a-10) By November 1, 2017, the Board shall recalculate
18and recertify to the State Actuary, the Governor, and the
19General Assembly the amount of the State contribution to the
20System for State fiscal year 2018, taking into account the
21changes in required State contributions made by Public Act
22100-23. The State Actuary shall review the assumptions and
23valuations underlying the Board's revised certification and
24issue a preliminary report concerning the proposed
25recertification and identifying, if necessary, recommended
26changes in actuarial assumptions that the Board must consider

 

 

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1before finalizing its certification of the required State
2contributions. The Board's final certification must note any
3deviations from the State Actuary's recommended changes, the
4reason or reasons for not following the State Actuary's
5recommended changes, and the fiscal impact of not following
6the State Actuary's recommended changes on the required State
7contribution.
8    (a-15) On or after June 15, 2019, but no later than June
930, 2019, the Board shall recalculate and recertify to the
10Governor and the General Assembly the amount of the State
11contribution to the System for State fiscal year 2019, taking
12into account the changes in required State contributions made
13by Public Act 100-587. The recalculation shall be made using
14assumptions adopted by the Board for the original fiscal year
152019 certification. The monthly voucher for the 12th month of
16fiscal year 2019 shall be paid by the Comptroller after the
17recertification required pursuant to this subsection is
18submitted to the Governor, Comptroller, and General Assembly.
19The recertification submitted to the General Assembly shall be
20filed with the Clerk of the House of Representatives and the
21Secretary of the Senate in electronic form only, in the manner
22that the Clerk and the Secretary shall direct.
23    (b) Through State fiscal year 1995, the State
24contributions shall be paid to the System in accordance with
25Section 18-7 of the School Code.
26    (b-1) Unless otherwise directed by the Comptroller under

 

 

HB2564- 5 -LRB104 05520 RPS 15549 b

1subsection (b-1.1), the Board shall submit vouchers for
2payment of State contributions to the System for the
3applicable month on the 15th day of each month, or as soon
4thereafter as may be practicable. The amount vouchered for a
5monthly payment shall total one-twelfth of the required annual
6State contribution certified under subsection (a-1).
7    (b-1.1) Beginning in State fiscal year 2025, if the
8Comptroller requests that the Board submit, during a State
9fiscal year, vouchers for multiple monthly payments for the
10advance payment of State contributions due to the System for
11that State fiscal year, then the Board shall submit those
12additional vouchers as directed by the Comptroller,
13notwithstanding subsection (b-1). Unless an act of
14appropriations provides otherwise, nothing in this Section
15authorizes the Board to submit, in a State fiscal year,
16vouchers for the payment of State contributions to the System
17in an amount that exceeds the rate of payroll that is certified
18by the System under this Section for that State fiscal year.
19    (b-1.2) The vouchers described in subsections (b-1) and
20(b-1.1) shall be paid by the State Comptroller and Treasurer
21by warrants drawn on the funds appropriated to the System for
22that fiscal year.
23    If in any month the amount remaining unexpended from all
24other appropriations to the System for the applicable fiscal
25year (including the appropriations to the System under Section
268.12 of the State Finance Act and Section 1 of the State

 

 

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1Pension Funds Continuing Appropriation Act) is less than the
2amount lawfully vouchered under this subsection, the
3difference shall be paid from the Common School Fund under the
4continuing appropriation authority provided in Section 1.1 of
5the State Pension Funds Continuing Appropriation Act.
6    (b-2) Allocations from the Common School Fund apportioned
7to school districts not coming under this System shall not be
8diminished or affected by the provisions of this Article.
9    (b-3) For State fiscal years 2012 through 2045, the
10minimum contribution to the System to be made by the State for
11each fiscal year shall be an amount determined by the System to
12be sufficient to bring the total assets of the System up to 90%
13of the total actuarial liabilities of the System by the end of
14State fiscal year 2045. In making these determinations, the
15required State contribution shall be calculated each year as a
16level percentage of payroll over the years remaining to and
17including fiscal year 2045 and shall be determined under the
18projected unit credit actuarial cost method.
19    For each of State fiscal years 2018, 2019, and 2020, the
20State shall make an additional contribution to the System
21equal to 2% of the total payroll of each employee who is deemed
22to have elected the benefits under Section 1-161 or who has
23made the election under subsection (c) of Section 1-161.
24    A change in an actuarial or investment assumption that
25increases or decreases the required State contribution and
26first applies in State fiscal year 2018 or thereafter shall be

 

 

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1implemented in equal annual amounts over a 5-year period
2beginning in the State fiscal year in which the actuarial
3change first applies to the required State contribution.
4    A change in an actuarial or investment assumption that
5increases or decreases the required State contribution and
6first applied to the State contribution in fiscal year 2014,
72015, 2016, or 2017 shall be implemented:
8        (i) as already applied in State fiscal years before
9    2018; and
10        (ii) in the portion of the 5-year period beginning in
11    the State fiscal year in which the actuarial change first
12    applied that occurs in State fiscal year 2018 or
13    thereafter, by calculating the change in equal annual
14    amounts over that 5-year period and then implementing it
15    at the resulting annual rate in each of the remaining
16    fiscal years in that 5-year period.
17    For State fiscal years 1996 through 2005, the State
18contribution to the System, as a percentage of the applicable
19employee payroll, shall be increased in equal annual
20increments so that by State fiscal year 2011, the State is
21contributing at the rate required under this Section; except
22that in the following specified State fiscal years, the State
23contribution to the System shall not be less than the
24following indicated percentages of the applicable employee
25payroll, even if the indicated percentage will produce a State
26contribution in excess of the amount otherwise required under

 

 

HB2564- 8 -LRB104 05520 RPS 15549 b

1this subsection and subsection (a), and notwithstanding any
2contrary certification made under subsection (a-1) before May
327, 1998 (the effective date of Public Act 90-582): 10.02% in
4FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
52002; 12.86% in FY 2003; and 13.56% in FY 2004.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2006
8is $534,627,700.
9    Notwithstanding any other provision of this Article, the
10total required State contribution for State fiscal year 2007
11is $738,014,500.
12    For each of State fiscal years 2008 through 2009, the
13State contribution to the System, as a percentage of the
14applicable employee payroll, shall be increased in equal
15annual increments from the required State contribution for
16State fiscal year 2007, so that by State fiscal year 2011, the
17State is contributing at the rate otherwise required under
18this Section.
19    Notwithstanding any other provision of this Article, the
20total required State contribution for State fiscal year 2010
21is $2,089,268,000 and shall be made from the proceeds of bonds
22sold in fiscal year 2010 pursuant to Section 7.2 of the General
23Obligation Bond Act, less (i) the pro rata share of bond sale
24expenses determined by the System's share of total bond
25proceeds, (ii) any amounts received from the Common School
26Fund in fiscal year 2010, and (iii) any reduction in bond

 

 

HB2564- 9 -LRB104 05520 RPS 15549 b

1proceeds due to the issuance of discounted bonds, if
2applicable.
3    Notwithstanding any other provision of this Article, the
4total required State contribution for State fiscal year 2011
5is the amount recertified by the System on or before April 1,
62011 pursuant to subsection (a-1) of this Section and shall be
7made from the proceeds of bonds sold in fiscal year 2011
8pursuant to Section 7.2 of the General Obligation Bond Act,
9less (i) the pro rata share of bond sale expenses determined by
10the System's share of total bond proceeds, (ii) any amounts
11received from the Common School Fund in fiscal year 2011, and
12(iii) any reduction in bond proceeds due to the issuance of
13discounted bonds, if applicable. This amount shall include, in
14addition to the amount certified by the System, an amount
15necessary to meet employer contributions required by the State
16as an employer under paragraph (e) of this Section, which may
17also be used by the System for contributions required by
18paragraph (a) of Section 16-127.
19    Beginning in State fiscal year 2046, the minimum State
20contribution for each fiscal year shall be the amount needed
21to maintain the total assets of the System at 90% of the total
22actuarial liabilities of the System.
23    Amounts received by the System pursuant to Section 25 of
24the Budget Stabilization Act or Section 8.12 of the State
25Finance Act in any fiscal year do not reduce and do not
26constitute payment of any portion of the minimum State

 

 

HB2564- 10 -LRB104 05520 RPS 15549 b

1contribution required under this Article in that fiscal year.
2Such amounts shall not reduce, and shall not be included in the
3calculation of, the required State contributions under this
4Article in any future year until the System has reached a
5funding ratio of at least 90%. A reference in this Article to
6the "required State contribution" or any substantially similar
7term does not include or apply to any amounts payable to the
8System under Section 25 of the Budget Stabilization Act.
9    Notwithstanding any other provision of this Section, the
10required State contribution for State fiscal year 2005 and for
11fiscal year 2008 and each fiscal year thereafter, as
12calculated under this Section and certified under subsection
13(a-1), shall not exceed an amount equal to (i) the amount of
14the required State contribution that would have been
15calculated under this Section for that fiscal year if the
16System had not received any payments under subsection (d) of
17Section 7.2 of the General Obligation Bond Act, minus (ii) the
18portion of the State's total debt service payments for that
19fiscal year on the bonds issued in fiscal year 2003 for the
20purposes of that Section 7.2, as determined and certified by
21the Comptroller, that is the same as the System's portion of
22the total moneys distributed under subsection (d) of Section
237.2 of the General Obligation Bond Act. In determining this
24maximum for State fiscal years 2008 through 2010, however, the
25amount referred to in item (i) shall be increased, as a
26percentage of the applicable employee payroll, in equal

 

 

HB2564- 11 -LRB104 05520 RPS 15549 b

1increments calculated from the sum of the required State
2contribution for State fiscal year 2007 plus the applicable
3portion of the State's total debt service payments for fiscal
4year 2007 on the bonds issued in fiscal year 2003 for the
5purposes of Section 7.2 of the General Obligation Bond Act, so
6that, by State fiscal year 2011, the State is contributing at
7the rate otherwise required under this Section.
8    (b-4) Beginning in fiscal year 2018, each employer under
9this Article shall pay to the System a required contribution
10determined as a percentage of projected payroll and sufficient
11to produce an annual amount equal to:
12        (i) for each of fiscal years 2018, 2019, and 2020, the
13    defined benefit normal cost of the defined benefit plan,
14    less the employee contribution, for each employee of that
15    employer who has elected or who is deemed to have elected
16    the benefits under Section 1-161 or who has made the
17    election under subsection (b) of Section 1-161; for fiscal
18    year 2021 and each fiscal year thereafter, the defined
19    benefit normal cost of the defined benefit plan, less the
20    employee contribution, plus 2%, for each employee of that
21    employer who has elected or who is deemed to have elected
22    the benefits under Section 1-161 or who has made the
23    election under subsection (b) of Section 1-161; plus
24        (ii) the amount required for that fiscal year to
25    amortize any unfunded actuarial accrued liability
26    associated with the present value of liabilities

 

 

HB2564- 12 -LRB104 05520 RPS 15549 b

1    attributable to the employer's account under Section
2    16-158.3, determined as a level percentage of payroll over
3    a 30-year rolling amortization period.
4    In determining contributions required under item (i) of
5this subsection, the System shall determine an aggregate rate
6for all employers, expressed as a percentage of projected
7payroll.
8    In determining the contributions required under item (ii)
9of this subsection, the amount shall be computed by the System
10on the basis of the actuarial assumptions and tables used in
11the most recent actuarial valuation of the System that is
12available at the time of the computation.
13    The contributions required under this subsection (b-4)
14shall be paid by an employer concurrently with that employer's
15payroll payment period. The State, as the actual employer of
16an employee, shall make the required contributions under this
17subsection.
18    (c) Payment of the required State contributions and of all
19pensions, retirement annuities, death benefits, refunds, and
20other benefits granted under or assumed by this System, and
21all expenses in connection with the administration and
22operation thereof, are obligations of the State.
23    If members are paid from special trust or federal funds
24which are administered by the employing unit, whether school
25district or other unit, the employing unit shall pay to the
26System from such funds the full accruing retirement costs

 

 

HB2564- 13 -LRB104 05520 RPS 15549 b

1based upon that service, which, beginning July 1, 2017, shall
2be at a rate, expressed as a percentage of salary, equal to the
3total employer's normal cost, expressed as a percentage of
4payroll, as determined by the System. Employer contributions,
5based on salary paid to members from federal funds, may be
6forwarded by the distributing agency of the State of Illinois
7to the System prior to allocation, in an amount determined in
8accordance with guidelines established by such agency and the
9System. Any contribution for fiscal year 2015 collected as a
10result of the change made by Public Act 98-674 shall be
11considered a State contribution under subsection (b-3) of this
12Section.
13    (d) Effective July 1, 1986, any employer of a teacher as
14defined in paragraph (8) of Section 16-106 shall pay the
15employer's normal cost of benefits based upon the teacher's
16service, in addition to employee contributions, as determined
17by the System. Such employer contributions shall be forwarded
18monthly in accordance with guidelines established by the
19System.
20    However, with respect to benefits granted under Section
2116-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
22of Section 16-106, the employer's contribution shall be 12%
23(rather than 20%) of the member's highest annual salary rate
24for each year of creditable service granted, and the employer
25shall also pay the required employee contribution on behalf of
26the teacher. For the purposes of Sections 16-133.4 and

 

 

HB2564- 14 -LRB104 05520 RPS 15549 b

116-133.5, a teacher as defined in paragraph (8) of Section
216-106 who is serving in that capacity while on leave of
3absence from another employer under this Article shall not be
4considered an employee of the employer from which the teacher
5is on leave.
6    (e) Beginning July 1, 1998, every employer of a teacher
7shall pay to the System an employer contribution computed as
8follows:
9        (1) Beginning July 1, 1998 through June 30, 1999, the
10    employer contribution shall be equal to 0.3% of each
11    teacher's salary.
12        (2) Beginning July 1, 1999 and thereafter, the
13    employer contribution shall be equal to 0.58% of each
14    teacher's salary.
15The school district or other employing unit may pay these
16employer contributions out of any source of funding available
17for that purpose and shall forward the contributions to the
18System on the schedule established for the payment of member
19contributions.
20    These employer contributions are intended to offset a
21portion of the cost to the System of the increases in
22retirement benefits resulting from Public Act 90-582.
23    Each employer of teachers is entitled to a credit against
24the contributions required under this subsection (e) with
25respect to salaries paid to teachers for the period January 1,
262002 through June 30, 2003, equal to the amount paid by that

 

 

HB2564- 15 -LRB104 05520 RPS 15549 b

1employer under subsection (a-5) of Section 6.6 of the State
2Employees Group Insurance Act of 1971 with respect to salaries
3paid to teachers for that period.
4    The additional 1% employee contribution required under
5Section 16-152 by Public Act 90-582 is the responsibility of
6the teacher and not the teacher's employer, unless the
7employer agrees, through collective bargaining or otherwise,
8to make the contribution on behalf of the teacher.
9    If an employer is required by a contract in effect on May
101, 1998 between the employer and an employee organization to
11pay, on behalf of all its full-time employees covered by this
12Article, all mandatory employee contributions required under
13this Article, then the employer shall be excused from paying
14the employer contribution required under this subsection (e)
15for the balance of the term of that contract. The employer and
16the employee organization shall jointly certify to the System
17the existence of the contractual requirement, in such form as
18the System may prescribe. This exclusion shall cease upon the
19termination, extension, or renewal of the contract at any time
20after May 1, 1998.
21    (f) If the amount of a teacher's salary for any school year
22used to determine final average salary exceeds the member's
23annual full-time salary rate with the same employer for the
24previous school year by more than 6%, the teacher's employer
25shall pay to the System, in addition to all other payments
26required under this Section and in accordance with guidelines

 

 

HB2564- 16 -LRB104 05520 RPS 15549 b

1established by the System, the present value of the increase
2in benefits resulting from the portion of the increase in
3salary that is in excess of 6%. This present value shall be
4computed by the System on the basis of the actuarial
5assumptions and tables used in the most recent actuarial
6valuation of the System that is available at the time of the
7computation. If a teacher's salary for the 2005-2006 school
8year is used to determine final average salary under this
9subsection (f), then the changes made to this subsection (f)
10by Public Act 94-1057 shall apply in calculating whether the
11increase in his or her salary is in excess of 6%. For the
12purposes of this Section, change in employment under Section
1310-21.12 of the School Code on or after June 1, 2005 shall
14constitute a change in employer. The System may require the
15employer to provide any pertinent information or
16documentation. The changes made to this subsection (f) by
17Public Act 94-1111 apply without regard to whether the teacher
18was in service on or after its effective date.
19    Whenever it determines that a payment is or may be
20required under this subsection, the System shall calculate the
21amount of the payment and bill the employer for that amount.
22The bill shall specify the calculations used to determine the
23amount due. If the employer disputes the amount of the bill, it
24may, within 30 days after receipt of the bill, apply to the
25System in writing for a recalculation. The application must
26specify in detail the grounds of the dispute and, if the

 

 

HB2564- 17 -LRB104 05520 RPS 15549 b

1employer asserts that the calculation is subject to subsection
2(g), (g-5), (g-10), (g-15), (g-20), (g-25), or (h) of this
3Section, must include an affidavit setting forth and attesting
4to all facts within the employer's knowledge that are
5pertinent to the applicability of that subsection. Upon
6receiving a timely application for recalculation, the System
7shall review the application and, if appropriate, recalculate
8the amount due.
9    The employer contributions required under this subsection
10(f) may be paid in the form of a lump sum within 90 days after
11receipt of the bill. If the employer contributions are not
12paid within 90 days after receipt of the bill, then interest
13will be charged at a rate equal to the System's annual
14actuarially assumed rate of return on investment compounded
15annually from the 91st day after receipt of the bill. Payments
16must be concluded within 3 years after the employer's receipt
17of the bill.
18    (f-1) (Blank).
19    (g) This subsection (g) applies only to payments made or
20salary increases given on or after June 1, 2005 but before July
211, 2011. The changes made by Public Act 94-1057 shall not
22require the System to refund any payments received before July
2331, 2006 (the effective date of Public Act 94-1057).
24    When assessing payment for any amount due under subsection
25(f), the System shall exclude salary increases paid to
26teachers under contracts or collective bargaining agreements

 

 

HB2564- 18 -LRB104 05520 RPS 15549 b

1entered into, amended, or renewed before June 1, 2005.
2    When assessing payment for any amount due under subsection
3(f), the System shall exclude salary increases paid to a
4teacher at a time when the teacher is 10 or more years from
5retirement eligibility under Section 16-132 or 16-133.2.
6    When assessing payment for any amount due under subsection
7(f), the System shall exclude salary increases resulting from
8overload work, including summer school, when the school
9district has certified to the System, and the System has
10approved the certification, that (i) the overload work is for
11the sole purpose of classroom instruction in excess of the
12standard number of classes for a full-time teacher in a school
13district during a school year and (ii) the salary increases
14are equal to or less than the rate of pay for classroom
15instruction computed on the teacher's current salary and work
16schedule.
17    When assessing payment for any amount due under subsection
18(f), the System shall exclude a salary increase resulting from
19a promotion (i) for which the employee is required to hold a
20certificate or supervisory endorsement issued by the State
21Teacher Certification Board that is a different certification
22or supervisory endorsement than is required for the teacher's
23previous position and (ii) to a position that has existed and
24been filled by a member for no less than one complete academic
25year and the salary increase from the promotion is an increase
26that results in an amount no greater than the lesser of the

 

 

HB2564- 19 -LRB104 05520 RPS 15549 b

1average salary paid for other similar positions in the
2district requiring the same certification or the amount
3stipulated in the collective bargaining agreement for a
4similar position requiring the same certification.
5    When assessing payment for any amount due under subsection
6(f), the System shall exclude any payment to the teacher from
7the State of Illinois or the State Board of Education over
8which the employer does not have discretion, notwithstanding
9that the payment is included in the computation of final
10average salary.
11    (g-5) When assessing payment for any amount due under
12subsection (f), the System shall exclude salary increases
13resulting from overload or stipend work performed in a school
14year subsequent to a school year in which the employer was
15unable to offer or allow to be conducted overload or stipend
16work due to an emergency declaration limiting such activities.
17    (g-10) When assessing payment for any amount due under
18subsection (f), the System shall exclude salary increases
19resulting from increased instructional time that exceeded the
20instructional time required during the 2019-2020 school year.
21    (g-15) When assessing payment for any amount due under
22subsection (f), the System shall exclude salary increases
23resulting from teaching summer school on or after May 1, 2021
24and before September 15, 2022.
25    (g-20) When assessing payment for any amount due under
26subsection (f), the System shall exclude salary increases

 

 

HB2564- 20 -LRB104 05520 RPS 15549 b

1necessary to bring a school board in compliance with Public
2Act 101-443 or this amendatory Act of the 103rd General
3Assembly.
4    (g-25) When assessing payment for any amount due under
5subsection (f), the System shall exclude salary increases
6given on or after July 1, 2025 resulting from overload work,
7including summer school, when the school district has
8certified to the System, and the System has approved the
9certification, that (i) the overload work is for the sole
10purpose of classroom instruction in excess of the standard
11number of classes for a full-time teacher in a school district
12during a school year and (ii) the salary increases are equal to
13or less than the rate of pay for classroom instruction
14computed on the teacher's current salary and work schedule.
15    (h) When assessing payment for any amount due under
16subsection (f), the System shall exclude any salary increase
17described in subsection (g) of this Section given on or after
18July 1, 2011 but before July 1, 2014 under a contract or
19collective bargaining agreement entered into, amended, or
20renewed on or after June 1, 2005 but before July 1, 2011.
21Notwithstanding any other provision of this Section, any
22payments made or salary increases given after June 30, 2014
23shall be used in assessing payment for any amount due under
24subsection (f) of this Section.
25    (i) The System shall prepare a report and file copies of
26the report with the Governor and the General Assembly by

 

 

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1January 1, 2007 that contains all of the following
2information:
3        (1) The number of recalculations required by the
4    changes made to this Section by Public Act 94-1057 for
5    each employer.
6        (2) The dollar amount by which each employer's
7    contribution to the System was changed due to
8    recalculations required by Public Act 94-1057.
9        (3) The total amount the System received from each
10    employer as a result of the changes made to this Section by
11    Public Act 94-4.
12        (4) The increase in the required State contribution
13    resulting from the changes made to this Section by Public
14    Act 94-1057.
15    (i-5) For school years beginning on or after July 1, 2017,
16if the amount of a participant's salary for any school year
17exceeds the amount of the salary set for the Governor, the
18participant's employer shall pay to the System, in addition to
19all other payments required under this Section and in
20accordance with guidelines established by the System, an
21amount determined by the System to be equal to the employer
22normal cost, as established by the System and expressed as a
23total percentage of payroll, multiplied by the amount of
24salary in excess of the amount of the salary set for the
25Governor. This amount shall be computed by the System on the
26basis of the actuarial assumptions and tables used in the most

 

 

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1recent actuarial valuation of the System that is available at
2the time of the computation. The System may require the
3employer to provide any pertinent information or
4documentation.
5    Whenever it determines that a payment is or may be
6required under this subsection, the System shall calculate the
7amount of the payment and bill the employer for that amount.
8The bill shall specify the calculations used to determine the
9amount due. If the employer disputes the amount of the bill, it
10may, within 30 days after receipt of the bill, apply to the
11System in writing for a recalculation. The application must
12specify in detail the grounds of the dispute. Upon receiving a
13timely application for recalculation, the System shall review
14the application and, if appropriate, recalculate the amount
15due.
16    The employer contributions required under this subsection
17may be paid in the form of a lump sum within 90 days after
18receipt of the bill. If the employer contributions are not
19paid within 90 days after receipt of the bill, then interest
20will be charged at a rate equal to the System's annual
21actuarially assumed rate of return on investment compounded
22annually from the 91st day after receipt of the bill. Payments
23must be concluded within 3 years after the employer's receipt
24of the bill.
25    (j) For purposes of determining the required State
26contribution to the System, the value of the System's assets

 

 

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1shall be equal to the actuarial value of the System's assets,
2which shall be calculated as follows:
3    As of June 30, 2008, the actuarial value of the System's
4assets shall be equal to the market value of the assets as of
5that date. In determining the actuarial value of the System's
6assets for fiscal years after June 30, 2008, any actuarial
7gains or losses from investment return incurred in a fiscal
8year shall be recognized in equal annual amounts over the
95-year period following that fiscal year.
10    (k) For purposes of determining the required State
11contribution to the system for a particular year, the
12actuarial value of assets shall be assumed to earn a rate of
13return equal to the system's actuarially assumed rate of
14return.
15(Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
16102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
178-11-23; 103-588, eff. 6-5-24.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.