Public Act 0709 102ND GENERAL ASSEMBLY

HB5472 Enrolled LRB102 26096 RPS 35576 b

Public Act 102-0709

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 16-118 as follows:

(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)

Sec. 16-118. Retirement. "Retirement": Entry upon a retirement annuity or receipt of a single-sum retirement benefit granted under this Article after termination of active service as a teacher.

(a) An annuitant receiving a retirement annuity other than a disability retirement annuity may accept employment as a teacher from a school board or other employer specified in Section 16-106 without impairing retirement status, if that employment:

(1) is not within the school year during which service was terminated; and

(2) does not exceed the following:

(i) before July 1, 2001, 100 paid days or 500 paid hours in any school year;

(ii) during the period beginning July 1, 2001 through June 30, 2011, 120 paid days or 600 paid hours in each school year;

(iii) during the period beginning July 1, 2011 through June 30, 2018, 100 paid days or 500 paid hours in each school year;

(iv) beginning July 1, 2018 through June 30, 2023, 120 paid days or 600 paid hours in each school year, but not more than 100 paid days in the same classroom; and

(v) during the period between July 1, 2021 and June 30, 2022, an additional 20 paid days or 100 paid hours shall be added to item (iv) of this paragraph (2) to assist with addressing the substitute teacher shortage that has been exacerbated by the ongoing global pandemic; and

(vi) (v) beginning July 1, 2023, 100 paid days or 500 paid hours in each school year.

Where such permitted employment is partly on a daily and partly on an hourly basis, a day shall be considered as 5 hours.

(b) Subsection (a) does not apply to an annuitant who returns to teaching under the program established in Section 16-150.1, for the duration of his or her participation in that program.

(Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21.)

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 4/22/2022