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| [ Introduced ] | [ House Amendment 001 ] |
92_HB1994eng HB1994 Engrossed LRB9205321LDpr 1 AN ACT in relation to public employee benefits. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Pension Code is amended by 5 changing Sections 17-106 and 17-149 as follows: 6 (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106) 7 Sec. 17-106. Contributor, member or teacher. 8 "Contributor", "member" or "teacher": All members of the 9 teaching force of the city, including principals, assistant 10 principals, the general superintendent of schools, deputy 11 superintendents of schools, associate superintendents of 12 schools, assistant and district superintendents of schools, 13 members of the Board of Examiners, all other persons whose 14 employment requires a teaching certificate issued under the 15 laws governing the certification of teachers, any 16 educational, administrative, professional, or other staff 17 employed in a charter school operating in compliance with the 18 Charter Schools Law who is certified under the law governing 19 the certification of teachers, and employees of the Board, 20 but excluding persons contributing concurrently to any other 21 public employee pension system in Illinois for the same 22 employment or receiving retirement pensions under another 23 Article of this Code for that same employment, persons 24 employed on an hourly basis, and persons receiving pensions 25 from the Fund who are employed temporarily by an Employer for 26 150100days or less in any school year and not on an annual 27 basis. 28 In the case of a person who has been making contributions 29 and otherwise participating in this Fund prior to the 30 effective date of this amendatory Act of the 91st General 31 Assembly, and whose right to participate in the Fund is HB1994 Engrossed -2- LRB9205321LDpr 1 established or confirmed by this amendatory Act, such prior 2 participation in the Fund, including all contributions 3 previously made and service credits previously earned by the 4 person, are hereby validated. 5 The changes made to this Section and Section 17-149 by 6 this amendatory Act of the 92nd General Assembly apply 7 without regard to whether the person was in service on or 8 after the effective date of this amendatory Act, 9 notwithstanding Sections 1-103.1 and 17-157. 10 (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98; 11 91-887, eff. 7-6-00.) 12 (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) 13 Sec. 17-149. Cancellation of pensions. If any person 14 receiving a service or disability retirement pension from the 15 Fund is re-employed as a teacher by an Employer, the pension 16 shall be cancelled on the date the re-employment begins, or 17 on the first day of a payroll period for which service credit 18 was validated, whichever is earlier. However,beginning19August 23, 1989,the pension shall not be cancelled in case 20 of a service retirement pensioner who is temporarily 21 re-employed for not more than 150100days during any school 22 year or on an hourly basis, provided the pensioner does not 23 receive salary in any school year of an amount more than that 24 payable to a substitute teacher for 150100days' employment. 25 A service retirement pensioner who is temporarily re-employed 26 for not more than 150100days during any school year or on 27 an hourly basis shall be entitled, at the end of the school 28 year, to a refund of any contributions made to the Fund 29 during that school year. 30 If the pensioner does receive salary from an Employer in 31 any school year for more than 150100days' employment, the 32 pensioner shall be deemed to have returned to service on the 33 first day of employment as a pensioner-substitute. The HB1994 Engrossed -3- LRB9205321LDpr 1 pensioner shall reimburse the Fund for pension payments 2 received after the return to service and shall pay to the 3 Fund the participant's contributions prescribed in Section 4 17-130 of this Article. 5 If the date of re-employment occurs within 5 school 6 months after the date of previous retirement, exclusive of 7 any vacation period, the member shall be deemed to have been 8 out of service only temporarily and not permanently retired. 9 Such person shall be entitled to pension payments for the 10 time he could have been employed as a teacher and received 11 salary, but shall not be entitled to pension for or during 12 the summer vacation prior to his return to service. 13 When the member again retires on pension, the time of 14 service and the money contributed by him during re-employment 15 shall be added to the time and money previously credited. 16 Such person must acquire 3 consecutive years of additional 17 contributing service before he may retire again on a pension 18 at a rate and under conditions other than those in force or 19 attained at the time of his previous retirement. 20 Notwithstanding Sections 1-103.1 and 17-157, the changes 21 to this Section made by this amendatory Act of 1997 shall 22 apply without regard to whether termination of service 23 occurred before the effective date of this amendatory Act and 24 shall apply retroactively to August 23, 1989. 25 (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.) 26 Section 90. The State Mandates Act is amended by adding 27 Section 8.25 as follows: 28 (30 ILCS 805/8.25 new) 29 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 30 and 8 of this Act, no reimbursement by the State is required 31 for the implementation of any mandate created by this 32 amendatory Act of the 92nd General Assembly. HB1994 Engrossed -4- LRB9205321LDpr 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.