Bill Text: IL HB3208 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that for school years beginning on or after July 1, 2019 and ending before June 30, 2022, the service retirement pension shall not be cancelled in the case of a service retirement pensioner who is re-employed as a teacher on a temporary and non-annual basis or on an hourly basis, so long as the person (1) does not work as a teacher for compensation on more than 120 days (instead of 100 days) in a school year or (2) does not accept gross compensation for the re-employment in a school year in excess of (i) $36,000 (instead of $30,000) or (ii) in the case of a person who retires with at least 5 years of service as a principal, an amount that is equal to the daily rate normally paid to retired principals multiplied by 120 (instead of 100). Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3208 Detail]

Download: Illinois-2019-HB3208-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3208 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
40 ILCS 5/17-149 from Ch. 108 1/2, par. 17-149
Amends the Chicago Teacher Article of the Illinois Pension Code. Provides that for school years beginning on or after July 1, 2019 and ending before June 30, 2022, the service retirement pension shall not be cancelled in the case of a service retirement pensioner who is re-employed as a teacher on a temporary and non-annual basis or on an hourly basis, so long as the person (1) does not work as a teacher for compensation on more than 120 days (instead of 100 days) in a school year or (2) does not accept gross compensation for the re-employment in a school year in excess of (i) $36,000 (instead of $30,000) or (ii) in the case of a person who retires with at least 5 years of service as a principal, an amount that is equal to the daily rate normally paid to retired principals multiplied by 120 (instead of 100). Makes conforming changes. Effective immediately.
LRB101 08892 RPS 53982 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB3208 LRB101 08892 RPS 53982 b
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 17-149 as follows:
(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
Sec. 17-149. Cancellation of pensions.
(a) If any person receiving a disability retirement pension
from the Fund is re-employed as a teacher by an Employer, the
pension shall be cancelled on the date the re-employment
begins, or on the first day of a payroll period for which
service credit was validated, whichever is earlier.
(b) If any person receiving a service retirement pension
from the Fund is re-employed as a teacher on a permanent or
annual basis by an Employer, the pension shall be cancelled on
the date the re-employment begins, or on the first day of a
payroll period for which service credit was validated,
whichever is earlier. However, subject to the limitations and
requirements of subsection (c-5), the pension shall not be
cancelled in the case of a service retirement pensioner who is
re-employed on a temporary and non-annual basis or on an hourly
basis.
(c) If the date of re-employment on a permanent or annual

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basis occurs within 5 school months after the date of previous
retirement, exclusive of any vacation period, the member shall
be deemed to have been out of service only temporarily and not
permanently retired. Such person shall be entitled to pension
payments for the time he could have been employed as a teacher
and received salary, but shall not be entitled to pension for
or during the summer vacation prior to his return to service.
When the member again retires on pension, the time of
service and the money contributed by him during re-employment
shall be added to the time and money previously credited. Such
person must acquire 3 consecutive years of additional
contributing service before he may retire again on a pension at
a rate and under conditions other than those in force or
attained at the time of his previous retirement.
(c-5) The service retirement pension shall not be cancelled
in the case of a service retirement pensioner who is
re-employed as a teacher on a temporary and non-annual basis or
on an hourly basis, so long as the person (1) does not work as a
teacher for compensation on more than 100 days in a school year
or (2) does not accept gross compensation for the re-employment
in a school year in excess of (i) $30,000 or (ii) in the case of
a person who retires with at least 5 years of service as a
principal, an amount that is equal to the daily rate normally
paid to retired principals multiplied by 100. These limitations
apply only to school years that begin on or after August 8,
2012 (the effective date of Public Act 97-912) and end before

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July 1, 2019 or that begin after June 30, 2022. Such
re-employment does not require contributions, result in
service credit, or constitute active membership in the Fund.
For school years beginning July 1, 2019 and ending before
June 30, 2022, the service retirement pension shall not be
cancelled in the case of a service retirement pensioner who is
re-employed as a teacher on a temporary and non-annual basis or
on an hourly basis, so long as the person (A) does not work as a
teacher for compensation on more than 120 days in a school year
or (B) does not accept gross compensation for the re-employment
in a school year in excess of (i) $36,000 or (ii) in the case of
a person who retires with at least 5 years of service as a
principal, an amount that is equal to the daily rate normally
paid to retired principals multiplied by 120.
Notwithstanding the 100-day limit set forth in item (1) of
this subsection (c-5) or the 120-day limit set forth in item
(A) of this subsection (c-5), whichever is applicable, the
service retirement pension shall not be cancelled in the case
of a service retirement pensioner who teaches only driver
education courses after regular school hours and does not teach
any other subject area, so long as the person does not work as
a teacher for compensation for more than 900 hours in a school
year. The $30,000 limit set forth in subitem (i) of item (2) of
this subsection (c-5) shall apply to a service retirement
pensioner who teaches only driver education courses after
regular school hours and does not teach any other subject area.

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To be eligible for such re-employment without cancellation
of pension, the pensioner must notify the Fund and the Board of
Education of his or her intention to accept re-employment under
this subsection (c-5) before beginning that re-employment (or
if the re-employment began before the effective date of this
amendatory Act, then within 30 days after that effective date).
An Employer must certify to the Fund the temporary and
non-annual or hourly status and the compensation of each
pensioner re-employed under this subsection at least
quarterly, and when the pensioner is approaching the earnings
limitation under this subsection.
If the pensioner works more than 100 days or accepts excess
gross compensation for such re-employment in any school year
that (i) begins on or after August 8, 2012 (the effective date
of Public Act 97-912) and ends before July 1, 2019 or (ii)
begins after June 30, 2022, the service retirement pension
shall thereupon be cancelled.
If the pensioner works more than 120 days or accepts excess
gross compensation for such re-employment in any school year
that begins on or after July 1, 2019 and ends before June 30,
2022, the service retirement pension shall thereupon be
cancelled.
If the pensioner who only teaches drivers education courses
after regular school hours works more than 900 hours or accepts
excess gross compensation for such re-employment in any school
year that begins on or after the effective date of this

HB3208 - 5 - LRB101 08892 RPS 53982 b
amendatory Act of the 99th General Assembly, the service
retirement pension shall thereupon be cancelled.
The Board of the Fund shall adopt rules for the
implementation and administration of this subsection.
(d) Notwithstanding Sections 1-103.1 and 17-157, the
changes to this Section made by Public Act 90-32 apply without
regard to whether termination of service occurred before the
effective date of that Act and apply retroactively to August
23, 1989.
Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section and Section 17-106 made by Public Act 92-599
apply without regard to whether termination of service occurred
before the effective date of that Act.
Notwithstanding Sections 1-103.1 and 17-157, the changes
to this Section made by this amendatory Act of the 97th General
Assembly apply without regard to whether termination of service
occurred before the effective date of this amendatory Act.
(Source: P.A. 99-176, eff. 7-29-15; 99-786, eff. 8-12-16.)
Section 99. Effective date. This Act takes effect upon
becoming law.