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91_HB4154
LRB9113097EGfg
1 AN ACT in relation to public employee retirement
2 benefits.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Sections 17-117 and 17-133 as follows:
7 (40 ILCS 5/17-117) (from Ch. 108 1/2, par. 17-117)
8 Sec. 17-117. Disability retirement pension.
9 (a) The conditions prescribed in items 1 and 2 in
10 Section 17-116 for computing service retirement pensions
11 shall apply in the computation of disability retirement
12 pensions.
13 (1) Each teacher retired or retiring after 10 years
14 of service and with less than 20 years of service because
15 of permanent disability not incurred as a proximate
16 result of the performance of duty shall receive a
17 disability retirement pension equal to 2.2% of average
18 salary for each year of service after June 30, 1998 and
19 for each year of service on or before that date that has
20 been augmented under Section 17-119.1 and 1 2/3% of
21 average salary for each year of other service.
22 (2) If the total service is 20 years and less than
23 25 years and the teacher's age is under 55, the
24 disability retirement pension shall equal a service
25 retirement pension discounted 1/2 of 1% for each month
26 the age of the contributor is less than 55 down to a
27 minimum age of 50 years, provided the disability
28 retirement pension so computed shall not be less than the
29 amount payable under paragraph 1.
30 (3) If the total service is 20 years or more and
31 the teacher has attained age 55, and is under age 60, a
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1 disability retirement pension shall equal a service
2 retirement pension without discount.
3 (4) If the total service is 25 years or more
4 regardless of age, a disability pension shall equal a
5 service retirement pension without discount.
6 (5) If the total service is 20 years or more and
7 the teacher is age 60 or over, a service retirement
8 pension shall be payable.
9 (b) For disability retirement pensions, the following
10 further conditions shall apply:
11 (1) Written application shall be submitted within 3
12 years from the date of separation.
13 (2) The applicant shall submit to examination by
14 physicians appointed by the Board within one year from
15 the date of their appointment.
16 (3) Two physicians, appointed by the Board, shall
17 declare the applicant to be suffering from a disability
18 which wholly and presumably permanently incapacitates him
19 for teaching or for service as an employee of the Board.
20 In the event of disagreement by the physicians, a third
21 physician, appointed by the Board, shall declare the
22 applicant wholly and presumably permanently
23 incapacitated.
24 (c) Disability retirement pensions shall begin on the
25 effective date of resignation or the day following the close
26 of the payroll period for which credit was validated,
27 whichever is later.
28 (Source: P.A. 90-32; eff. 6-27-97; 90-566, eff. 1-2-98.)
29 (40 ILCS 5/17-133) (from Ch. 108 1/2, par. 17-133)
30 Sec. 17-133. Contributions for periods of outside and
31 other service. Regularly certified and appointed teachers
32 who desire to have the following described services credited
33 for pension purposes shall submit to the Board evidence
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1 thereof and pay into the Fund the amounts prescribed herein:
2 1. For teaching service by a certified teacher in
3 the public schools of the several states or in schools
4 operated by or under the auspices of the United States, a
5 teacher shall pay the contributions at the rates in force
6 (a) on the date of appointment as a regularly certified
7 teacher after salary adjustments are completed, or (b) at
8 the time of reappointment after salary adjustments are
9 completed, whichever is later, but not less than $450 per
10 year of service. Upon the Board's approval of such
11 service and the payment of the required contributions,
12 service credit of not more than 10 years shall be
13 granted.
14 2. For service as a playground instructor in public
15 school playgrounds, teachers shall pay the contributions
16 prescribed in this Article (a) at the time of
17 appointment, as a regularly certified teacher after
18 salary adjustments are completed, or (b) on return to
19 service as a full time regularly certified teacher, as
20 the case may be, provided such rates or amounts shall not
21 be less than $450 per year.
22 3. For service prior to September 1, 1955, in the
23 public schools of the City as a substitute, evening
24 school or temporary teacher, or for service as an
25 Americanization teacher prior to December 31, 1955,
26 teachers shall pay the contributions prescribed in this
27 Article (a) at the time of appointment, as a regularly
28 certified teacher after salary adjustments are completed,
29 (b) on return to service as a full time regularly
30 certified teacher, as the case may be, provided such
31 rates or amounts shall not be less than $450 per year;
32 and provided further that for teachers employed on or
33 after September 1, 1953, rates shall not include
34 contributions for widows' pensions if the service
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1 described in this sub-paragraph 3 was rendered before
2 that date. Any teacher entitled to repay a refund of
3 contributions under Section 17-126 126 of this Article
4 may validate service described in this paragraph by
5 payment of the amounts prescribed herein, together with
6 the repayment of the refund, provided that if such
7 creditable service was the last service rendered in the
8 public schools of the City and is not automatically
9 reinstated by repayment of the refund, the rates or
10 amounts shall not be less than $450 per year.
11 4. For service after June 30, 1982 as a member of
12 the Board of Education, if required to resign from an
13 administrative or teaching position in order to qualify
14 as a member of the Board of Education.
15 5. For service during the 1986-87 school year as a
16 teacher on a special leave of absence with full loss of
17 salary, teaching for an agency under contract to the
18 Board of Education, if the teacher returned to employment
19 in September, 1987. For service under this item 5, the
20 teacher must pay the contributions at the rates in force
21 at the completion of the leave period.
22 For service described in sub-paragraphs 1, 2 and 3 of
23 this Section, interest shall be charged beginning one year
24 after the effective date of appointment or reappointment.
25 Effective September 1, 1974, the interest rate to be
26 charged by the Fund on contributions provided in
27 sub-paragraphs 1, 2, 3 and 4 shall be 5% per annum compounded
28 annually.
29 (Source: P.A. 90-566, eff. 1-2-98.)
30 Section 90. The State Mandates Act is amended by adding
31 Section 8.24 as follows:
32 (30 ILCS 805/8.24 new)
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1 Sec. 8.24. Exempt mandate. Notwithstanding Sections 6
2 and 8 of this Act, no reimbursement by the State is required
3 for the implementation of any mandate created by this
4 amendatory Act of the 91st General Assembly.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.