103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2873
 
Introduced , by Rep. Rita Mayfield
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that beginning July 1, 2023, an annuitant may accept employment as a teacher without impairing his or her retirement status if that employment is not within the school year during which service was terminated and does not exceed 150 (instead of 100) paid days or 750 (instead of 500) paid hours in each school year. Effective immediately.



LRB103 30037 RPS 56458 b


 
 
A BILL FOR
 


HB2873LRB103 30037 RPS 56458 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 16-118 as follows:




6 (40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)



7 Sec. 16-118. Retirement. "Retirement": Entry upon a 
8retirement annuity
or receipt of a single-sum retirement 
9benefit granted under this Article
after termination of active 
10service as a teacher.

11 (a) An annuitant receiving a retirement annuity other than 
12a disability
retirement annuity may accept employment as a 
13teacher from a school board
or other employer specified in 
14Section 16-106 without impairing retirement
status, if that 
15employment:
16  (1) is not within the school year during which
service 
17 was terminated; and
18  (2) does not exceed the following: 
19   (i) before July 1, 2001, 100 paid days or 500 paid

20 hours in any school year;
21   (ii) during the period beginning July 1, 2001 
22 through
June 30, 2011, 120 paid days or 600 paid hours 
23 in each school year;
 
 
HB2873- 2 -LRB103 30037 RPS 56458 b


1   (iii) during the period beginning July 1, 2011 
2 through
June 30, 2018, 100 paid days or 500 paid hours 
3 in each school year; 
4   (iv) beginning July 1, 2018 through June 30, 2023, 
5 120 paid days or 600 paid hours in each school year, 
6 but not more than 100 paid days in the same classroom;
7   (v) during the period between July 1, 2021 and 
8 June 30, 2022, an additional 20 paid days or 100 paid 
9 hours shall be added to item (iv) of this paragraph (2) 
10 to assist with addressing the substitute teacher 
11 shortage that has been exacerbated by the ongoing 
12 global pandemic; and 
13   (vi) beginning July 1, 2023, 150 100 paid days or 
14 750 500 paid hours in each school year. 
15 Where
such permitted employment is partly on a daily and 
16partly on an hourly basis,
a day shall be considered as 5 
17hours.

18 (b) Subsection (a) does not apply to an annuitant who 
19returns to teaching
under the program established in Section 
2016-150.1, for the duration of his or
her participation in that 
21program.

22(Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21; 
23102-709, eff. 4-22-22.)



24 Section 99. Effective date. This Act takes effect upon 
25becoming law.