Bill Text: IL HB3432 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3432 Detail]

Download: Illinois-2023-HB3432-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3432 Introduced , by Rep. Dave Severin SYNOPSIS AS INTRODUCED:
40 ILCS 5/16-128.5 new
40 ILCS 5/16-203
Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.
LRB103 28268 RPS 54647 b
A BILL FOR
HB3432 LRB103 28268 RPS 54647 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 adding
Section 16-128.5 and by amending Section 16-203 as follows:
(40 ILCS 5/16-128.5 new)
Sec. 16-128.5. Additional service credit for service
during the COVID-19 public health emergency. A teacher who
served as a teacher during the public health emergency
declared by the Governor related to the COVID-19 pandemic
shall receive one additional day of service credit for each
day of service credit earned during that period,
notwithstanding any limitation on the amount of service credit
that may be earned in a single year. Service credit under this
Section shall be granted without any additional employee or
employer contribution.
(40 ILCS 5/16-203)
Sec. 16-203. Application and expiration of new benefit
increases.
(a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for

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any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
95-910, Public Act 100-23, Public Act 100-587, Public Act
100-743, Public Act 100-769, Public Act 101-10, Public Act
101-49, Public Act 102-16, Public Act 102-871, or this
amendatory Act of the 103rd General Assembly Public Act 102-16
this amendatory Act of the 102nd General Assembly.
(b) Notwithstanding any other provision of this Code or
any subsequent amendment to this Code, every new benefit
increase is subject to this Section and shall be deemed to be
granted only in conformance with and contingent upon
compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of
the Department of Insurance. A new benefit increase created by

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a Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is
or has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
(d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
(e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit
increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including, without limitation, a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;

HB3432 - 4 - LRB103 28268 RPS 54647 b
101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.
8-20-21; 102-813, eff. 5-13-22; 102-871, eff. 5-13-22; revised
7-26-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.