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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Pension Code is amended by |
5 | | changing Sections 16-121, 16-127, 16-158, and 16-203 as |
6 | | follows:
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7 | | (40 ILCS 5/16-121) (from Ch. 108 1/2, par. 16-121) |
8 | | (Text of Section WITHOUT the changes made by P.A. 98-599, |
9 | | which has been held unconstitutional) |
10 | | Sec. 16-121. Salary. "Salary": The actual compensation |
11 | | received by a teacher during any school year and recognized by |
12 | | the system in accordance with rules of the board. "Salary" |
13 | | includes any stipend paid under Section 9.44 of the Board of |
14 | | Higher Education Act to an eligible cooperating teacher. |
15 | | For purposes of this Section, "school year" includes the |
16 | | regular school term plus any additional period for which a |
17 | | teacher is compensated and such compensation is recognized by |
18 | | the rules of the board. |
19 | | (Source: P.A. 84-1028.)
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20 | | (40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127) |
21 | | Sec. 16-127. Computation of creditable service. |
22 | | (a) Each member shall receive regular credit for all |
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1 | | service as a teacher from the date membership begins, for |
2 | | which satisfactory evidence is supplied and all contributions |
3 | | have been paid. |
4 | | (b) The following periods of service shall earn optional |
5 | | credit and each member shall receive credit for all such |
6 | | service for which satisfactory evidence is supplied and all |
7 | | contributions have been paid as of the date specified: |
8 | | (1) Prior service as a teacher. |
9 | | (2) Service in a capacity essentially similar or |
10 | | equivalent to that of a teacher, in the public common |
11 | | schools in school districts in this State not included |
12 | | within the provisions of this System, or of any other |
13 | | State, territory, dependency or possession of the United |
14 | | States, or in schools operated by or under the auspices of |
15 | | the United States, or under the auspices of any agency or |
16 | | department of any other State, and service during any |
17 | | period of professional speech correction or special |
18 | | education experience for a public agency within this State |
19 | | or any other State, territory, dependency or possession of |
20 | | the United States, and service prior to February 1, 1951 |
21 | | as a recreation worker for the Illinois Department of |
22 | | Public Safety, for a period not exceeding the lesser of |
23 | | 2/5 of the total creditable service of the member or 10 |
24 | | years. The maximum service of 10 years which is allowable |
25 | | under this paragraph shall be reduced by the service |
26 | | credit which is validated by other retirement systems |
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1 | | under paragraph (i) of Section 15-113 and paragraph 1 of |
2 | | Section 17-133. Credit granted under this paragraph may |
3 | | not be used in determination of a retirement annuity or |
4 | | disability benefits unless the member has at least 5 years |
5 | | of creditable service earned subsequent to this employment |
6 | | with one or more of the following systems: Teachers' |
7 | | Retirement System of the State of Illinois, State |
8 | | Universities Retirement System, and the Public School |
9 | | Teachers' Pension and Retirement Fund of Chicago. Whenever |
10 | | such service credit exceeds the maximum allowed for all |
11 | | purposes of this Article, the first service rendered in |
12 | | point of time shall be considered. The changes to this |
13 | | paragraph subdivision (b) (2) made by Public Act 86-272 |
14 | | shall apply not only to persons who on or after its |
15 | | effective date (August 23, 1989) are in service as a |
16 | | teacher under the System, but also to persons whose status |
17 | | as such a teacher terminated prior to such effective date, |
18 | | whether or not such person is an annuitant on that date. |
19 | | (3) Any periods immediately following teaching |
20 | | service, under this System or under Article 17, (or |
21 | | immediately following service prior to February 1, 1951 as |
22 | | a recreation worker for the Illinois Department of Public |
23 | | Safety) spent in active service with the military forces |
24 | | of the United States; periods spent in educational |
25 | | programs that prepare for return to teaching sponsored by |
26 | | the federal government following such active military |
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1 | | service; if a teacher returns to teaching service within |
2 | | one calendar year after discharge or after the completion |
3 | | of the educational program, a further period, not |
4 | | exceeding one calendar year, between time spent in |
5 | | military service or in such educational programs and the |
6 | | return to employment as a teacher under this System; and a |
7 | | period of up to 2 years of active military service not |
8 | | immediately following employment as a teacher. |
9 | | The changes to this Section and Section 16-128 |
10 | | relating to military service made by Public Act P.A. |
11 | | 87-794 shall apply not only to persons who on or after its |
12 | | effective date are in service as a teacher under the |
13 | | System, but also to persons whose status as a teacher |
14 | | terminated prior to that date, whether or not the person |
15 | | is an annuitant on that date. In the case of an annuitant |
16 | | who applies for credit allowable under this Section for a |
17 | | period of military service that did not immediately follow |
18 | | employment, and who has made the required contributions |
19 | | for such credit, the annuity shall be recalculated to |
20 | | include the additional service credit, with the increase |
21 | | taking effect on the date the System received written |
22 | | notification of the annuitant's intent to purchase the |
23 | | credit, if payment of all the required contributions is |
24 | | made within 60 days of such notice, or else on the first |
25 | | annuity payment date following the date of payment of the |
26 | | required contributions. In calculating the automatic |
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1 | | annual increase for an annuity that has been recalculated |
2 | | under this Section, the increase attributable to the |
3 | | additional service allowable under Public Act P.A. 87-794 |
4 | | shall be included in the calculation of automatic annual |
5 | | increases accruing after the effective date of the |
6 | | recalculation. |
7 | | Credit for military service shall be determined as |
8 | | follows: if entry occurs during the months of July, |
9 | | August, or September and the member was a teacher at the |
10 | | end of the immediately preceding school term, credit shall |
11 | | be granted from July 1 of the year in which he or she |
12 | | entered service; if entry occurs during the school term |
13 | | and the teacher was in teaching service at the beginning |
14 | | of the school term, credit shall be granted from July 1 of |
15 | | such year. In all other cases where credit for military |
16 | | service is allowed, credit shall be granted from the date |
17 | | of entry into the service. |
18 | | The total period of military service for which credit |
19 | | is granted shall not exceed 5 years for any member unless |
20 | | the service: (A) is validated before July 1, 1964, and (B) |
21 | | does not extend beyond July 1, 1963. Credit for military |
22 | | service shall be granted under this Section only if not |
23 | | more than 5 years of the military service for which credit |
24 | | is granted under this Section is used by the member to |
25 | | qualify for a military retirement allotment from any |
26 | | branch of the armed forces of the United States. The |
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1 | | changes to this paragraph subdivision (b) (3) made by |
2 | | Public Act 86-272 shall apply not only to persons who on or |
3 | | after its effective date (August 23, 1989) are in service |
4 | | as a teacher under the System, but also to persons whose |
5 | | status as such a teacher terminated prior to such |
6 | | effective date, whether or not such person is an annuitant |
7 | | on that date. |
8 | | (4) Any periods served as a member of the General |
9 | | Assembly. |
10 | | (5)(i) Any periods for which a teacher, as defined in |
11 | | Section 16-106, is granted a leave of absence, provided he |
12 | | or she returns to teaching service creditable under this |
13 | | System or the State Universities Retirement System |
14 | | following the leave; (ii) periods during which a teacher |
15 | | is involuntarily laid off from teaching, provided he or |
16 | | she returns to teaching following the lay-off; (iii) |
17 | | periods prior to July 1, 1983 during which a teacher |
18 | | ceased covered employment due to pregnancy, provided that |
19 | | the teacher returned to teaching service creditable under |
20 | | this System or the State Universities Retirement System |
21 | | following the pregnancy and submits evidence satisfactory |
22 | | to the Board documenting that the employment ceased due to |
23 | | pregnancy; and (iv) periods prior to July 1, 1983 during |
24 | | which a teacher ceased covered employment for the purpose |
25 | | of adopting an infant under 3 years of age or caring for a |
26 | | newly adopted infant under 3 years of age, provided that |
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1 | | the teacher returned to teaching service creditable under |
2 | | this System or the State Universities Retirement System |
3 | | following the adoption and submits evidence satisfactory |
4 | | to the Board documenting that the employment ceased for |
5 | | the purpose of adopting an infant under 3 years of age or |
6 | | caring for a newly adopted infant under 3 years of age. |
7 | | However, total credit under this paragraph (5) may not |
8 | | exceed 3 years. |
9 | | Any qualified member or annuitant may apply for credit |
10 | | under item (iii) or (iv) of this paragraph (5) without |
11 | | regard to whether service was terminated before June 27, |
12 | | 1997 ( the effective date of Public Act 90-32) this |
13 | | amendatory Act of 1997 . In the case of an annuitant who |
14 | | establishes credit under item (iii) or (iv), the annuity |
15 | | shall be recalculated to include the additional service |
16 | | credit. The increase in annuity shall take effect on the |
17 | | date the System receives written notification of the |
18 | | annuitant's intent to purchase the credit, if the required |
19 | | evidence is submitted and the required contribution paid |
20 | | within 60 days of that notification, otherwise on the |
21 | | first annuity payment date following the System's receipt |
22 | | of the required evidence and contribution. The increase in |
23 | | an annuity recalculated under this provision shall be |
24 | | included in the calculation of automatic annual increases |
25 | | in the annuity accruing after the effective date of the |
26 | | recalculation. |
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1 | | Optional credit may be purchased under this paragraph |
2 | | subsection (b) (5) for periods during which a teacher has |
3 | | been granted a leave of absence pursuant to Section 24-13 |
4 | | of the School Code. A teacher whose service under this |
5 | | Article terminated prior to the effective date of Public |
6 | | Act P.A. 86-1488 shall be eligible to purchase such |
7 | | optional credit. If a teacher who purchases this optional |
8 | | credit is already receiving a retirement annuity under |
9 | | this Article, the annuity shall be recalculated as if the |
10 | | annuitant had applied for the leave of absence credit at |
11 | | the time of retirement. The difference between the |
12 | | entitled annuity and the actual annuity shall be credited |
13 | | to the purchase of the optional credit. The remainder of |
14 | | the purchase cost of the optional credit shall be paid on |
15 | | or before April 1, 1992. |
16 | | The change in this paragraph made by Public Act 86-273 |
17 | | shall be applicable to teachers who retire after June 1, |
18 | | 1989, as well as to teachers who are in service on that |
19 | | date. |
20 | | (6) Any days of unused and uncompensated accumulated |
21 | | sick leave earned by a teacher. The service credit granted |
22 | | under this paragraph shall be the ratio of the number of |
23 | | unused and uncompensated accumulated sick leave days to |
24 | | 170 days, subject to a maximum of 2 years of service |
25 | | credit. Prior to the member's retirement, each former |
26 | | employer shall certify to the System the number of unused |
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1 | | and uncompensated accumulated sick leave days credited to |
2 | | the member at the time of termination of service. The |
3 | | period of unused sick leave shall not be considered in |
4 | | determining the effective date of retirement. A member is |
5 | | not required to make contributions in order to obtain |
6 | | service credit for unused sick leave. |
7 | | Credit for sick leave shall, at retirement, be granted |
8 | | by the System for any retiring regional or assistant |
9 | | regional superintendent of schools at the rate of 6 days |
10 | | per year of creditable service or portion thereof |
11 | | established while serving as such superintendent or |
12 | | assistant superintendent. |
13 | | (7) Periods prior to February 1, 1987 served as an |
14 | | employee of the Illinois Mathematics and Science Academy |
15 | | for which credit has not been terminated under Section |
16 | | 15-113.9 of this Code. |
17 | | (8) Service as a substitute teacher for work performed |
18 | | prior to July 1, 1990. |
19 | | (9) Service as a part-time teacher for work performed |
20 | | prior to July 1, 1990. |
21 | | (10) Up to 2 years of employment with Southern |
22 | | Illinois University - Carbondale from September 1, 1959 to |
23 | | August 31, 1961, or with Governors State University from |
24 | | September 1, 1972 to August 31, 1974, for which the |
25 | | teacher has no credit under Article 15. To receive credit |
26 | | under this item (10), a teacher must apply in writing to |
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1 | | the Board and pay the required contributions before May 1, |
2 | | 1993 and have at least 12 years of service credit under |
3 | | this Article. |
4 | | (11) Periods of service as a student teacher as |
5 | | described in Section 24-8.5 of the School Code for which |
6 | | the student teacher received a salary. |
7 | | (12) Periods of service as a student teacher as |
8 | | described under Section 9.44 of the Board of Higher |
9 | | Education Act. |
10 | | (b-1) A member may establish optional credit for up to 2 |
11 | | years of service as a teacher or administrator employed by a |
12 | | private school recognized by the Illinois State Board of |
13 | | Education, provided that the teacher (i) was certified under |
14 | | the law governing the certification of teachers at the time |
15 | | the service was rendered, (ii) applies in writing on or before |
16 | | June 30, 2028, (iii) supplies satisfactory evidence of the |
17 | | employment, (iv) completes at least 10 years of contributing |
18 | | service as a teacher as defined in Section 16-106, and (v) pays |
19 | | the contribution required in subsection (d-5) of Section |
20 | | 16-128. The member may apply for credit under this subsection |
21 | | and pay the required contribution before completing the 10 |
22 | | years of contributing service required under item (iv), but |
23 | | the credit may not be used until the item (iv) contributing |
24 | | service requirement has been met. |
25 | | (c) The service credits specified in this Section shall be |
26 | | granted only if: (1) such service credits are not used for |
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1 | | credit in any other statutory tax-supported public employee |
2 | | retirement system other than the federal Social Security |
3 | | program; and (2) the member makes the required contributions |
4 | | as specified in Section 16-128. Except as provided in |
5 | | subsection (b-1) of this Section, the service credit shall be |
6 | | effective as of the date the required contributions are |
7 | | completed. |
8 | | Any service credits granted under this Section shall |
9 | | terminate upon cessation of membership for any cause. |
10 | | Credit may not be granted under this Section covering any |
11 | | period for which an age retirement or disability retirement |
12 | | allowance has been paid. |
13 | | Credit may not be granted under this Section for service |
14 | | as an employee of an entity that provides substitute teaching |
15 | | services under Section 2-3.173 of the School Code and is not a |
16 | | school district. |
17 | | (Source: P.A. 102-525, eff. 8-20-21; 103-17, eff. 6-9-23; |
18 | | 103-525, eff. 8-11-23; revised 9-5-23.)
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19 | | (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158) |
20 | | Sec. 16-158. Contributions by State and other employing |
21 | | units. |
22 | | (a) The State shall make contributions to the System by |
23 | | means of appropriations from the Common School Fund and other |
24 | | State funds of amounts which, together with other employer |
25 | | contributions, employee contributions, investment income, and |
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1 | | other income, will be sufficient to meet the cost of |
2 | | maintaining and administering the System on a 90% funded basis |
3 | | in accordance with actuarial recommendations. |
4 | | The Board shall determine the amount of State |
5 | | contributions required for each fiscal year on the basis of |
6 | | the actuarial tables and other assumptions adopted by the |
7 | | Board and the recommendations of the actuary, using the |
8 | | formula in subsection (b-3). |
9 | | (a-1) Annually, on or before November 15 until November |
10 | | 15, 2011, the Board shall certify to the Governor the amount of |
11 | | the required State contribution for the coming fiscal year. |
12 | | The certification under this subsection (a-1) shall include a |
13 | | copy of the actuarial recommendations upon which it is based |
14 | | and shall specifically identify the System's projected State |
15 | | normal cost for that fiscal year. |
16 | | On or before May 1, 2004, the Board shall recalculate and |
17 | | recertify to the Governor the amount of the required State |
18 | | contribution to the System for State fiscal year 2005, taking |
19 | | into account the amounts appropriated to and received by the |
20 | | System under subsection (d) of Section 7.2 of the General |
21 | | Obligation Bond Act. |
22 | | On or before July 1, 2005, the Board shall recalculate and |
23 | | recertify to the Governor the amount of the required State |
24 | | contribution to the System for State fiscal year 2006, taking |
25 | | into account the changes in required State contributions made |
26 | | by Public Act 94-4. |
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1 | | On or before April 1, 2011, the Board shall recalculate |
2 | | and recertify to the Governor the amount of the required State |
3 | | contribution to the System for State fiscal year 2011, |
4 | | applying the changes made by Public Act 96-889 to the System's |
5 | | assets and liabilities as of June 30, 2009 as though Public Act |
6 | | 96-889 was approved on that date. |
7 | | (a-5) On or before November 1 of each year, beginning |
8 | | November 1, 2012, the Board shall submit to the State Actuary, |
9 | | the Governor, and the General Assembly a proposed |
10 | | certification of the amount of the required State contribution |
11 | | to the System for the next fiscal year, along with all of the |
12 | | actuarial assumptions, calculations, and data upon which that |
13 | | proposed certification is based. On or before January 1 of |
14 | | each year, beginning January 1, 2013, the State Actuary shall |
15 | | issue a preliminary report concerning the proposed |
16 | | certification and identifying, if necessary, recommended |
17 | | changes in actuarial assumptions that the Board must consider |
18 | | before finalizing its certification of the required State |
19 | | contributions. On or before January 15, 2013 and each January |
20 | | 15 thereafter, the Board shall certify to the Governor and the |
21 | | General Assembly the amount of the required State contribution |
22 | | for the next fiscal year. The Board's certification must note |
23 | | any deviations from the State Actuary's recommended changes, |
24 | | the reason or reasons for not following the State Actuary's |
25 | | recommended changes, and the fiscal impact of not following |
26 | | the State Actuary's recommended changes on the required State |
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1 | | contribution. |
2 | | (a-10) By November 1, 2017, the Board shall recalculate |
3 | | and recertify to the State Actuary, the Governor, and the |
4 | | General Assembly the amount of the State contribution to the |
5 | | System for State fiscal year 2018, taking into account the |
6 | | changes in required State contributions made by Public Act |
7 | | 100-23. The State Actuary shall review the assumptions and |
8 | | valuations underlying the Board's revised certification and |
9 | | issue a preliminary report concerning the proposed |
10 | | recertification and identifying, if necessary, recommended |
11 | | changes in actuarial assumptions that the Board must consider |
12 | | before finalizing its certification of the required State |
13 | | contributions. The Board's final certification must note any |
14 | | deviations from the State Actuary's recommended changes, the |
15 | | reason or reasons for not following the State Actuary's |
16 | | recommended changes, and the fiscal impact of not following |
17 | | the State Actuary's recommended changes on the required State |
18 | | contribution. |
19 | | (a-15) On or after June 15, 2019, but no later than June |
20 | | 30, 2019, the Board shall recalculate and recertify to the |
21 | | Governor and the General Assembly the amount of the State |
22 | | contribution to the System for State fiscal year 2019, taking |
23 | | into account the changes in required State contributions made |
24 | | by Public Act 100-587. The recalculation shall be made using |
25 | | assumptions adopted by the Board for the original fiscal year |
26 | | 2019 certification. The monthly voucher for the 12th month of |
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1 | | fiscal year 2019 shall be paid by the Comptroller after the |
2 | | recertification required pursuant to this subsection is |
3 | | submitted to the Governor, Comptroller, and General Assembly. |
4 | | The recertification submitted to the General Assembly shall be |
5 | | filed with the Clerk of the House of Representatives and the |
6 | | Secretary of the Senate in electronic form only, in the manner |
7 | | that the Clerk and the Secretary shall direct. |
8 | | (b) Through State fiscal year 1995, the State |
9 | | contributions shall be paid to the System in accordance with |
10 | | Section 18-7 of the School Code. |
11 | | (b-1) Beginning in State fiscal year 1996, on the 15th day |
12 | | of each month, or as soon thereafter as may be practicable, the |
13 | | Board shall submit vouchers for payment of State contributions |
14 | | to the System, in a total monthly amount of one-twelfth of the |
15 | | required annual State contribution certified under subsection |
16 | | (a-1). From March 5, 2004 (the effective date of Public Act |
17 | | 93-665) through June 30, 2004, the Board shall not submit |
18 | | vouchers for the remainder of fiscal year 2004 in excess of the |
19 | | fiscal year 2004 certified contribution amount determined |
20 | | under this Section after taking into consideration the |
21 | | transfer to the System under subsection (a) of Section 6z-61 |
22 | | of the State Finance Act. These vouchers shall be paid by the |
23 | | State Comptroller and Treasurer by warrants drawn on the funds |
24 | | appropriated to the System for that fiscal year. |
25 | | If in any month the amount remaining unexpended from all |
26 | | other appropriations to the System for the applicable fiscal |
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1 | | year (including the appropriations to the System under Section |
2 | | 8.12 of the State Finance Act and Section 1 of the State |
3 | | Pension Funds Continuing Appropriation Act) is less than the |
4 | | amount lawfully vouchered under this subsection, the |
5 | | difference shall be paid from the Common School Fund under the |
6 | | continuing appropriation authority provided in Section 1.1 of |
7 | | the State Pension Funds Continuing Appropriation Act. |
8 | | (b-2) Allocations from the Common School Fund apportioned |
9 | | to school districts not coming under this System shall not be |
10 | | diminished or affected by the provisions of this Article. |
11 | | (b-3) For State fiscal years 2012 through 2045, the |
12 | | minimum contribution to the System to be made by the State for |
13 | | each fiscal year shall be an amount determined by the System to |
14 | | be sufficient to bring the total assets of the System up to 90% |
15 | | of the total actuarial liabilities of the System by the end of |
16 | | State fiscal year 2045. In making these determinations, the |
17 | | required State contribution shall be calculated each year as a |
18 | | level percentage of payroll over the years remaining to and |
19 | | including fiscal year 2045 and shall be determined under the |
20 | | projected unit credit actuarial cost method. |
21 | | For each of State fiscal years 2018, 2019, and 2020, the |
22 | | State shall make an additional contribution to the System |
23 | | equal to 2% of the total payroll of each employee who is deemed |
24 | | to have elected the benefits under Section 1-161 or who has |
25 | | made the election under subsection (c) of Section 1-161. |
26 | | A change in an actuarial or investment assumption that |
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1 | | increases or decreases the required State contribution and |
2 | | first applies in State fiscal year 2018 or thereafter shall be |
3 | | implemented in equal annual amounts over a 5-year period |
4 | | beginning in the State fiscal year in which the actuarial |
5 | | change first applies to the required State contribution. |
6 | | A change in an actuarial or investment assumption that |
7 | | increases or decreases the required State contribution and |
8 | | first applied to the State contribution in fiscal year 2014, |
9 | | 2015, 2016, or 2017 shall be implemented: |
10 | | (i) as already applied in State fiscal years before |
11 | | 2018; and |
12 | | (ii) in the portion of the 5-year period beginning in |
13 | | the State fiscal year in which the actuarial change first |
14 | | applied that occurs in State fiscal year 2018 or |
15 | | thereafter, by calculating the change in equal annual |
16 | | amounts over that 5-year period and then implementing it |
17 | | at the resulting annual rate in each of the remaining |
18 | | fiscal years in that 5-year period. |
19 | | For State fiscal years 1996 through 2005, the State |
20 | | contribution to the System, as a percentage of the applicable |
21 | | employee payroll, shall be increased in equal annual |
22 | | increments so that by State fiscal year 2011, the State is |
23 | | contributing at the rate required under this Section; except |
24 | | that in the following specified State fiscal years, the State |
25 | | contribution to the System shall not be less than the |
26 | | following indicated percentages of the applicable employee |
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1 | | payroll, even if the indicated percentage will produce a State |
2 | | contribution in excess of the amount otherwise required under |
3 | | this subsection and subsection (a), and notwithstanding any |
4 | | contrary certification made under subsection (a-1) before May |
5 | | 27, 1998 (the effective date of Public Act 90-582): 10.02% in |
6 | | FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY |
7 | | 2002; 12.86% in FY 2003; and 13.56% in FY 2004. |
8 | | Notwithstanding any other provision of this Article, the |
9 | | total required State contribution for State fiscal year 2006 |
10 | | is $534,627,700. |
11 | | Notwithstanding any other provision of this Article, the |
12 | | total required State contribution for State fiscal year 2007 |
13 | | is $738,014,500. |
14 | | For each of State fiscal years 2008 through 2009, the |
15 | | State contribution to the System, as a percentage of the |
16 | | applicable employee payroll, shall be increased in equal |
17 | | annual increments from the required State contribution for |
18 | | State fiscal year 2007, so that by State fiscal year 2011, the |
19 | | State is contributing at the rate otherwise required under |
20 | | this Section. |
21 | | Notwithstanding any other provision of this Article, the |
22 | | total required State contribution for State fiscal year 2010 |
23 | | is $2,089,268,000 and shall be made from the proceeds of bonds |
24 | | sold in fiscal year 2010 pursuant to Section 7.2 of the General |
25 | | Obligation Bond Act, less (i) the pro rata share of bond sale |
26 | | expenses determined by the System's share of total bond |
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1 | | proceeds, (ii) any amounts received from the Common School |
2 | | Fund in fiscal year 2010, and (iii) any reduction in bond |
3 | | proceeds due to the issuance of discounted bonds, if |
4 | | applicable. |
5 | | Notwithstanding any other provision of this Article, the |
6 | | total required State contribution for State fiscal year 2011 |
7 | | is the amount recertified by the System on or before April 1, |
8 | | 2011 pursuant to subsection (a-1) of this Section and shall be |
9 | | made from the proceeds of bonds sold in fiscal year 2011 |
10 | | pursuant to Section 7.2 of the General Obligation Bond Act, |
11 | | less (i) the pro rata share of bond sale expenses determined by |
12 | | the System's share of total bond proceeds, (ii) any amounts |
13 | | received from the Common School Fund in fiscal year 2011, and |
14 | | (iii) any reduction in bond proceeds due to the issuance of |
15 | | discounted bonds, if applicable. This amount shall include, in |
16 | | addition to the amount certified by the System, an amount |
17 | | necessary to meet employer contributions required by the State |
18 | | as an employer under paragraph (e) of this Section, which may |
19 | | also be used by the System for contributions required by |
20 | | paragraph (a) of Section 16-127. |
21 | | Beginning in State fiscal year 2046, the minimum State |
22 | | contribution for each fiscal year shall be the amount needed |
23 | | to maintain the total assets of the System at 90% of the total |
24 | | actuarial liabilities of the System. |
25 | | Amounts received by the System pursuant to Section 25 of |
26 | | the Budget Stabilization Act or Section 8.12 of the State |
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1 | | Finance Act in any fiscal year do not reduce and do not |
2 | | constitute payment of any portion of the minimum State |
3 | | contribution required under this Article in that fiscal year. |
4 | | Such amounts shall not reduce, and shall not be included in the |
5 | | calculation of, the required State contributions under this |
6 | | Article in any future year until the System has reached a |
7 | | funding ratio of at least 90%. A reference in this Article to |
8 | | the "required State contribution" or any substantially similar |
9 | | term does not include or apply to any amounts payable to the |
10 | | System under Section 25 of the Budget Stabilization Act. |
11 | | Notwithstanding any other provision of this Section, the |
12 | | required State contribution for State fiscal year 2005 and for |
13 | | fiscal year 2008 and each fiscal year thereafter, as |
14 | | calculated under this Section and certified under subsection |
15 | | (a-1), shall not exceed an amount equal to (i) the amount of |
16 | | the required State contribution that would have been |
17 | | calculated under this Section for that fiscal year if the |
18 | | System had not received any payments under subsection (d) of |
19 | | Section 7.2 of the General Obligation Bond Act, minus (ii) the |
20 | | portion of the State's total debt service payments for that |
21 | | fiscal year on the bonds issued in fiscal year 2003 for the |
22 | | purposes of that Section 7.2, as determined and certified by |
23 | | the Comptroller, that is the same as the System's portion of |
24 | | the total moneys distributed under subsection (d) of Section |
25 | | 7.2 of the General Obligation Bond Act. In determining this |
26 | | maximum for State fiscal years 2008 through 2010, however, the |
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1 | | amount referred to in item (i) shall be increased, as a |
2 | | percentage of the applicable employee payroll, in equal |
3 | | increments calculated from the sum of the required State |
4 | | contribution for State fiscal year 2007 plus the applicable |
5 | | portion of the State's total debt service payments for fiscal |
6 | | year 2007 on the bonds issued in fiscal year 2003 for the |
7 | | purposes of Section 7.2 of the General Obligation Bond Act, so |
8 | | that, by State fiscal year 2011, the State is contributing at |
9 | | the rate otherwise required under this Section. |
10 | | (b-4) Beginning in fiscal year 2018, each employer under |
11 | | this Article shall pay to the System a required contribution |
12 | | determined as a percentage of projected payroll and sufficient |
13 | | to produce an annual amount equal to: |
14 | | (i) for each of fiscal years 2018, 2019, and 2020, the |
15 | | defined benefit normal cost of the defined benefit plan, |
16 | | less the employee contribution, for each employee of that |
17 | | employer who has elected or who is deemed to have elected |
18 | | the benefits under Section 1-161 or who has made the |
19 | | election under subsection (b) of Section 1-161; for fiscal |
20 | | year 2021 and each fiscal year thereafter, the defined |
21 | | benefit normal cost of the defined benefit plan, less the |
22 | | employee contribution, plus 2%, for each employee of that |
23 | | employer who has elected or who is deemed to have elected |
24 | | the benefits under Section 1-161 or who has made the |
25 | | election under subsection (b) of Section 1-161; plus |
26 | | (ii) the amount required for that fiscal year to |
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1 | | amortize any unfunded actuarial accrued liability |
2 | | associated with the present value of liabilities |
3 | | attributable to the employer's account under Section |
4 | | 16-158.3, determined as a level percentage of payroll over |
5 | | a 30-year rolling amortization period. |
6 | | In determining contributions required under item (i) of |
7 | | this subsection, the System shall determine an aggregate rate |
8 | | for all employers, expressed as a percentage of projected |
9 | | payroll. |
10 | | In determining the contributions required under item (ii) |
11 | | of this subsection, the amount shall be computed by the System |
12 | | on the basis of the actuarial assumptions and tables used in |
13 | | the most recent actuarial valuation of the System that is |
14 | | available at the time of the computation. |
15 | | The contributions required under this subsection (b-4) |
16 | | shall be paid by an employer concurrently with that employer's |
17 | | payroll payment period. The State, as the actual employer of |
18 | | an employee, shall make the required contributions under this |
19 | | subsection. |
20 | | (c) Payment of the required State contributions and of all |
21 | | pensions, retirement annuities, death benefits, refunds, and |
22 | | other benefits granted under or assumed by this System, and |
23 | | all expenses in connection with the administration and |
24 | | operation thereof, are obligations of the State. |
25 | | If members are paid from special trust or federal funds |
26 | | which are administered by the employing unit, whether school |
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1 | | district or other unit, the employing unit shall pay to the |
2 | | System from such funds the full accruing retirement costs |
3 | | based upon that service, which, beginning July 1, 2017, shall |
4 | | be at a rate, expressed as a percentage of salary, equal to the |
5 | | total employer's normal cost, expressed as a percentage of |
6 | | payroll, as determined by the System. Employer contributions, |
7 | | based on salary paid to members from federal funds, may be |
8 | | forwarded by the distributing agency of the State of Illinois |
9 | | to the System prior to allocation, in an amount determined in |
10 | | accordance with guidelines established by such agency and the |
11 | | System. Any contribution for fiscal year 2015 collected as a |
12 | | result of the change made by Public Act 98-674 shall be |
13 | | considered a State contribution under subsection (b-3) of this |
14 | | Section. |
15 | | (d) Effective July 1, 1986, any employer of a teacher as |
16 | | defined in paragraph (8) of Section 16-106 shall pay the |
17 | | employer's normal cost of benefits based upon the teacher's |
18 | | service, in addition to employee contributions, as determined |
19 | | by the System. Such employer contributions shall be forwarded |
20 | | monthly in accordance with guidelines established by the |
21 | | System. |
22 | | However, with respect to benefits granted under Section |
23 | | 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8) |
24 | | of Section 16-106, the employer's contribution shall be 12% |
25 | | (rather than 20%) of the member's highest annual salary rate |
26 | | for each year of creditable service granted, and the employer |
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1 | | shall also pay the required employee contribution on behalf of |
2 | | the teacher. For the purposes of Sections 16-133.4 and |
3 | | 16-133.5, a teacher as defined in paragraph (8) of Section |
4 | | 16-106 who is serving in that capacity while on leave of |
5 | | absence from another employer under this Article shall not be |
6 | | considered an employee of the employer from which the teacher |
7 | | is on leave. |
8 | | (e) Beginning July 1, 1998, every employer of a teacher |
9 | | shall pay to the System an employer contribution computed as |
10 | | follows: |
11 | | (1) Beginning July 1, 1998 through June 30, 1999, the |
12 | | employer contribution shall be equal to 0.3% of each |
13 | | teacher's salary. |
14 | | (2) Beginning July 1, 1999 and thereafter, the |
15 | | employer contribution shall be equal to 0.58% of each |
16 | | teacher's salary. |
17 | | The school district or other employing unit may pay these |
18 | | employer contributions out of any source of funding available |
19 | | for that purpose and shall forward the contributions to the |
20 | | System on the schedule established for the payment of member |
21 | | contributions. |
22 | | These employer contributions are intended to offset a |
23 | | portion of the cost to the System of the increases in |
24 | | retirement benefits resulting from Public Act 90-582. |
25 | | Each employer of teachers is entitled to a credit against |
26 | | the contributions required under this subsection (e) with |
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1 | | respect to salaries paid to teachers for the period January 1, |
2 | | 2002 through June 30, 2003, equal to the amount paid by that |
3 | | employer under subsection (a-5) of Section 6.6 of the State |
4 | | Employees Group Insurance Act of 1971 with respect to salaries |
5 | | paid to teachers for that period. |
6 | | The additional 1% employee contribution required under |
7 | | Section 16-152 by Public Act 90-582 is the responsibility of |
8 | | the teacher and not the teacher's employer, unless the |
9 | | employer agrees, through collective bargaining or otherwise, |
10 | | to make the contribution on behalf of the teacher. |
11 | | If an employer is required by a contract in effect on May |
12 | | 1, 1998 between the employer and an employee organization to |
13 | | pay, on behalf of all its full-time employees covered by this |
14 | | Article, all mandatory employee contributions required under |
15 | | this Article, then the employer shall be excused from paying |
16 | | the employer contribution required under this subsection (e) |
17 | | for the balance of the term of that contract. The employer and |
18 | | the employee organization shall jointly certify to the System |
19 | | the existence of the contractual requirement, in such form as |
20 | | the System may prescribe. This exclusion shall cease upon the |
21 | | termination, extension, or renewal of the contract at any time |
22 | | after May 1, 1998. |
23 | | (f) If the amount of a teacher's salary for any school year |
24 | | used to determine final average salary exceeds the member's |
25 | | annual full-time salary rate with the same employer for the |
26 | | previous school year by more than 6%, the teacher's employer |
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1 | | shall pay to the System, in addition to all other payments |
2 | | required under this Section and in accordance with guidelines |
3 | | established by the System, the present value of the increase |
4 | | in benefits resulting from the portion of the increase in |
5 | | salary that is in excess of 6%. This present value shall be |
6 | | computed by the System on the basis of the actuarial |
7 | | assumptions and tables used in the most recent actuarial |
8 | | valuation of the System that is available at the time of the |
9 | | computation. If a teacher's salary for the 2005-2006 school |
10 | | year is used to determine final average salary under this |
11 | | subsection (f), then the changes made to this subsection (f) |
12 | | by Public Act 94-1057 shall apply in calculating whether the |
13 | | increase in his or her salary is in excess of 6%. For the |
14 | | purposes of this Section, change in employment under Section |
15 | | 10-21.12 of the School Code on or after June 1, 2005 shall |
16 | | constitute a change in employer. The System may require the |
17 | | employer to provide any pertinent information or |
18 | | documentation. The changes made to this subsection (f) by |
19 | | Public Act 94-1111 apply without regard to whether the teacher |
20 | | was in service on or after its effective date. |
21 | | Whenever it determines that a payment is or may be |
22 | | required under this subsection, the System shall calculate the |
23 | | amount of the payment and bill the employer for that amount. |
24 | | The bill shall specify the calculations used to determine the |
25 | | amount due. If the employer disputes the amount of the bill, it |
26 | | may, within 30 days after receipt of the bill, apply to the |
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1 | | System in writing for a recalculation. The application must |
2 | | specify in detail the grounds of the dispute and, if the |
3 | | employer asserts that the calculation is subject to subsection |
4 | | (g), (g-5), (g-10), (g-15), (g-20), (g-25), or (h) of this |
5 | | Section, must include an affidavit setting forth and attesting |
6 | | to all facts within the employer's knowledge that are |
7 | | pertinent to the applicability of that subsection. Upon |
8 | | receiving a timely application for recalculation, the System |
9 | | shall review the application and, if appropriate, recalculate |
10 | | the amount due. |
11 | | The employer contributions required under this subsection |
12 | | (f) may be paid in the form of a lump sum within 90 days after |
13 | | receipt of the bill. If the employer contributions are not |
14 | | paid within 90 days after receipt of the bill, then interest |
15 | | will be charged at a rate equal to the System's annual |
16 | | actuarially assumed rate of return on investment compounded |
17 | | annually from the 91st day after receipt of the bill. Payments |
18 | | must be concluded within 3 years after the employer's receipt |
19 | | of the bill. |
20 | | (f-1) (Blank). |
21 | | (g) This subsection (g) applies only to payments made or |
22 | | salary increases given on or after June 1, 2005 but before July |
23 | | 1, 2011. The changes made by Public Act 94-1057 shall not |
24 | | require the System to refund any payments received before July |
25 | | 31, 2006 (the effective date of Public Act 94-1057). |
26 | | When assessing payment for any amount due under subsection |
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1 | | (f), the System shall exclude salary increases paid to |
2 | | teachers under contracts or collective bargaining agreements |
3 | | entered into, amended, or renewed before June 1, 2005. |
4 | | When assessing payment for any amount due under subsection |
5 | | (f), the System shall exclude salary increases paid to a |
6 | | teacher at a time when the teacher is 10 or more years from |
7 | | retirement eligibility under Section 16-132 or 16-133.2. |
8 | | When assessing payment for any amount due under subsection |
9 | | (f), the System shall exclude salary increases resulting from |
10 | | overload work, including summer school, when the school |
11 | | district has certified to the System, and the System has |
12 | | approved the certification, that (i) the overload work is for |
13 | | the sole purpose of classroom instruction in excess of the |
14 | | standard number of classes for a full-time teacher in a school |
15 | | district during a school year and (ii) the salary increases |
16 | | are equal to or less than the rate of pay for classroom |
17 | | instruction computed on the teacher's current salary and work |
18 | | schedule. |
19 | | When assessing payment for any amount due under subsection |
20 | | (f), the System shall exclude a salary increase resulting from |
21 | | a promotion (i) for which the employee is required to hold a |
22 | | certificate or supervisory endorsement issued by the State |
23 | | Teacher Certification Board that is a different certification |
24 | | or supervisory endorsement than is required for the teacher's |
25 | | previous position and (ii) to a position that has existed and |
26 | | been filled by a member for no less than one complete academic |
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1 | | year and the salary increase from the promotion is an increase |
2 | | that results in an amount no greater than the lesser of the |
3 | | average salary paid for other similar positions in the |
4 | | district requiring the same certification or the amount |
5 | | stipulated in the collective bargaining agreement for a |
6 | | similar position requiring the same certification. |
7 | | When assessing payment for any amount due under subsection |
8 | | (f), the System shall exclude any payment to the teacher from |
9 | | the State of Illinois or the State Board of Education over |
10 | | which the employer does not have discretion, notwithstanding |
11 | | that the payment is included in the computation of final |
12 | | average salary. |
13 | | (g-5) When assessing payment for any amount due under |
14 | | subsection (f), the System shall exclude salary increases |
15 | | resulting from overload or stipend work performed in a school |
16 | | year subsequent to a school year in which the employer was |
17 | | unable to offer or allow to be conducted overload or stipend |
18 | | work due to an emergency declaration limiting such activities. |
19 | | (g-10) When assessing payment for any amount due under |
20 | | subsection (f), the System shall exclude salary increases |
21 | | resulting from increased instructional time that exceeded the |
22 | | instructional time required during the 2019-2020 school year. |
23 | | (g-15) When assessing payment for any amount due under |
24 | | subsection (f), the System shall exclude salary increases |
25 | | resulting from teaching summer school on or after May 1, 2021 |
26 | | and before September 15, 2022. |
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1 | | (g-20) When assessing payment for any amount due under |
2 | | subsection (f), the System shall exclude salary increases |
3 | | necessary to bring a school board in compliance with Public |
4 | | Act 101-443 or this amendatory Act of the 103rd General |
5 | | Assembly. |
6 | | (g-25) When assessing payment for any amount due under |
7 | | subsection (f), the System shall exclude any stipends paid to |
8 | | an eligible cooperating teacher under Section 9.44 of the |
9 | | Board of Higher Education Act. |
10 | | (h) When assessing payment for any amount due under |
11 | | subsection (f), the System shall exclude any salary increase |
12 | | described in subsection (g) of this Section given on or after |
13 | | July 1, 2011 but before July 1, 2014 under a contract or |
14 | | collective bargaining agreement entered into, amended, or |
15 | | renewed on or after June 1, 2005 but before July 1, 2011. |
16 | | Notwithstanding any other provision of this Section, any |
17 | | payments made or salary increases given after June 30, 2014 |
18 | | shall be used in assessing payment for any amount due under |
19 | | subsection (f) of this Section. |
20 | | (i) The System shall prepare a report and file copies of |
21 | | the report with the Governor and the General Assembly by |
22 | | January 1, 2007 that contains all of the following |
23 | | information: |
24 | | (1) The number of recalculations required by the |
25 | | changes made to this Section by Public Act 94-1057 for |
26 | | each employer. |
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1 | | (2) The dollar amount by which each employer's |
2 | | contribution to the System was changed due to |
3 | | recalculations required by Public Act 94-1057. |
4 | | (3) The total amount the System received from each |
5 | | employer as a result of the changes made to this Section by |
6 | | Public Act 94-4. |
7 | | (4) The increase in the required State contribution |
8 | | resulting from the changes made to this Section by Public |
9 | | Act 94-1057. |
10 | | (i-5) For school years beginning on or after July 1, 2017, |
11 | | if the amount of a participant's salary for any school year |
12 | | exceeds the amount of the salary set for the Governor, the |
13 | | participant's employer shall pay to the System, in addition to |
14 | | all other payments required under this Section and in |
15 | | accordance with guidelines established by the System, an |
16 | | amount determined by the System to be equal to the employer |
17 | | normal cost, as established by the System and expressed as a |
18 | | total percentage of payroll, multiplied by the amount of |
19 | | salary in excess of the amount of the salary set for the |
20 | | Governor. This amount shall be computed by the System on the |
21 | | basis of the actuarial assumptions and tables used in the most |
22 | | recent actuarial valuation of the System that is available at |
23 | | the time of the computation. The System may require the |
24 | | employer to provide any pertinent information or |
25 | | documentation. |
26 | | Whenever it determines that a payment is or may be |
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1 | | required under this subsection, the System shall calculate the |
2 | | amount of the payment and bill the employer for that amount. |
3 | | The bill shall specify the calculations used to determine the |
4 | | amount due. If the employer disputes the amount of the bill, it |
5 | | may, within 30 days after receipt of the bill, apply to the |
6 | | System in writing for a recalculation. The application must |
7 | | specify in detail the grounds of the dispute. Upon receiving a |
8 | | timely application for recalculation, the System shall review |
9 | | the application and, if appropriate, recalculate the amount |
10 | | due. |
11 | | The employer contributions required under this subsection |
12 | | may be paid in the form of a lump sum within 90 days after |
13 | | receipt of the bill. If the employer contributions are not |
14 | | paid within 90 days after receipt of the bill, then interest |
15 | | will be charged at a rate equal to the System's annual |
16 | | actuarially assumed rate of return on investment compounded |
17 | | annually from the 91st day after receipt of the bill. Payments |
18 | | must be concluded within 3 years after the employer's receipt |
19 | | of the bill. |
20 | | (j) For purposes of determining the required State |
21 | | contribution to the System, the value of the System's assets |
22 | | shall be equal to the actuarial value of the System's assets, |
23 | | which shall be calculated as follows: |
24 | | As of June 30, 2008, the actuarial value of the System's |
25 | | assets shall be equal to the market value of the assets as of |
26 | | that date. In determining the actuarial value of the System's |
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1 | | assets for fiscal years after June 30, 2008, any actuarial |
2 | | gains or losses from investment return incurred in a fiscal |
3 | | year shall be recognized in equal annual amounts over the |
4 | | 5-year period following that fiscal year. |
5 | | (k) For purposes of determining the required State |
6 | | contribution to the system for a particular year, the |
7 | | actuarial value of assets shall be assumed to earn a rate of |
8 | | return equal to the system's actuarially assumed rate of |
9 | | return. |
10 | | (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21; |
11 | | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff. |
12 | | 8-11-23.)
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13 | | (40 ILCS 5/16-203) |
14 | | Sec. 16-203. Application and expiration of new benefit |
15 | | increases. |
16 | | (a) As used in this Section, "new benefit increase" means |
17 | | an increase in the amount of any benefit provided under this |
18 | | Article, or an expansion of the conditions of eligibility for |
19 | | any benefit under this Article, that results from an amendment |
20 | | to this Code that takes effect after June 1, 2005 (the |
21 | | effective date of Public Act 94-4). "New benefit increase", |
22 | | however, does not include any benefit increase resulting from |
23 | | the changes made to Article 1 or this Article by Public Act |
24 | | 95-910, Public Act 100-23, Public Act 100-587, Public Act |
25 | | 100-743, Public Act 100-769, Public Act 101-10, Public Act |
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1 | | 101-49, Public Act 102-16, or Public Act 102-871 , or this |
2 | | amendatory Act of the 103rd General Assembly . |
3 | | (b) Notwithstanding any other provision of this Code or |
4 | | any subsequent amendment to this Code, every new benefit |
5 | | increase is subject to this Section and shall be deemed to be |
6 | | granted only in conformance with and contingent upon |
7 | | compliance with the provisions of this Section. |
8 | | (c) The Public Act enacting a new benefit increase must |
9 | | identify and provide for payment to the System of additional |
10 | | funding at least sufficient to fund the resulting annual |
11 | | increase in cost to the System as it accrues. |
12 | | Every new benefit increase is contingent upon the General |
13 | | Assembly providing the additional funding required under this |
14 | | subsection. The Commission on Government Forecasting and |
15 | | Accountability shall analyze whether adequate additional |
16 | | funding has been provided for the new benefit increase and |
17 | | shall report its analysis to the Public Pension Division of |
18 | | the Department of Insurance. A new benefit increase created by |
19 | | a Public Act that does not include the additional funding |
20 | | required under this subsection is null and void. If the Public |
21 | | Pension Division determines that the additional funding |
22 | | provided for a new benefit increase under this subsection is |
23 | | or has become inadequate, it may so certify to the Governor and |
24 | | the State Comptroller and, in the absence of corrective action |
25 | | by the General Assembly, the new benefit increase shall expire |
26 | | at the end of the fiscal year in which the certification is |
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1 | | made. |
2 | | (d) Every new benefit increase shall expire 5 years after |
3 | | its effective date or on such earlier date as may be specified |
4 | | in the language enacting the new benefit increase or provided |
5 | | under subsection (c). This does not prevent the General |
6 | | Assembly from extending or re-creating a new benefit increase |
7 | | by law. |
8 | | (e) Except as otherwise provided in the language creating |
9 | | the new benefit increase, a new benefit increase that expires |
10 | | under this Section continues to apply to persons who applied |
11 | | and qualified for the affected benefit while the new benefit |
12 | | increase was in effect and to the affected beneficiaries and |
13 | | alternate payees of such persons, but does not apply to any |
14 | | other person, including, without limitation, a person who |
15 | | continues in service after the expiration date and did not |
16 | | apply and qualify for the affected benefit while the new |
17 | | benefit increase was in effect. |
18 | | (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; |
19 | | 102-813, eff. 5-13-22; 102-871, eff. 5-13-22; 103-154, eff. |
20 | | 6-30-23.)
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21 | | Section 10. The Board of Higher Education Act is amended |
22 | | by adding Section 9.44 as follows:
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23 | | (110 ILCS 205/9.44 new) |
24 | | Sec. 9.44. Student teaching stipend program. |
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1 | | (a) As used in this Section: |
2 | | "Educator preparation program" means an approved educator |
3 | | preparation program offered by a recognized school or |
4 | | institution under Article 21B of the School Code. |
5 | | "Eligible cooperating teacher" means a teacher who is |
6 | | licensed under Article 21B of the School Code or has attained |
7 | | the Department of Human Services' Gateways to Opportunity |
8 | | Early Childhood Education Credential Level 5 or 6, who is |
9 | | qualified to teach in the subject area assigned, and who is |
10 | | matched with an eligible student. |
11 | | "Eligible student" means a student who is enrolled in an |
12 | | educator preparation program, who is maintaining satisfactory |
13 | | academic progress, who intends to teach in this State, who is |
14 | | placed as a student teacher, and who is not contracted as the |
15 | | teacher of record for the student teaching placement. |
16 | | "Student teaching" means a supervised clinical experience |
17 | | that prepares a candidate to take full responsibility in an |
18 | | instructional setting. |
19 | | (b) Subject to appropriation, the Board shall create a |
20 | | student teaching stipend program to alleviate the financial |
21 | | burden of student teaching, to encourage students to pursue |
22 | | teaching careers to alleviate this State's teacher shortage, |
23 | | and to encourage teachers to be matched with student teachers. |
24 | | (c) An educator preparation program shall notify the Board |
25 | | of all eligible students and eligible cooperating teachers who |
26 | | qualify for the stipend program. |
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1 | | (d) Under the stipend program and subject to available |
2 | | appropriations, the Board shall disburse to each educator |
3 | | preparation program funds to distribute to each eligible |
4 | | student a stipend of up to $10,000 per semester for up to 2 |
5 | | consecutive semesters, plus additional funds to pay the direct |
6 | | costs of operating the stipend program. The educator |
7 | | preparation program shall distribute stipend funds using the |
8 | | standard methods for allocating State-based financial aid or |
9 | | as wages for employment to each eligible student in monthly |
10 | | installments. |
11 | | (e) If there is a surplus appropriated in a fiscal year for |
12 | | the stipend program, then the Board shall increase the amount |
13 | | distributed to each educator preparation program by the same |
14 | | percentage that the surplus bears to the amount required to |
15 | | fully fund the total number of eligible students who qualify |
16 | | for the stipend program that fiscal year. An educator |
17 | | preparation program shall increase the stipend amount |
18 | | distributed to each eligible student in proportion to the |
19 | | surplus. |
20 | | (f) If the amount appropriated in a fiscal year for the |
21 | | stipend program is insufficient to fully fund stipends for the |
22 | | total number of eligible students for that fiscal year, then |
23 | | the Board shall prioritize eligible students based on |
24 | | demonstrated financial need reported by each educator |
25 | | preparation program. |
26 | | (g) Funds not distributed in a particular fiscal year by |
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1 | | an educator preparation program under this Section shall be |
2 | | returned to the Board to be used for the subsequent fiscal |
3 | | year's stipend program. |
4 | | (h) An educator preparation program may not prohibit an |
5 | | eligible student from participating in the stipend program or |
6 | | from receiving a stipend from the stipend program. |
7 | | (i) Under the stipend program and subject to available |
8 | | appropriations, the Board shall disburse funds to the State |
9 | | Board of Education, who shall disburse funds to each school |
10 | | district or early childhood education provider employing an |
11 | | eligible cooperating teacher funds to distribute to each |
12 | | eligible cooperating teacher a stipend of up to $2,000 per |
13 | | semester for up to 2 consecutive semesters per academic year. |
14 | | The school district or early childhood education provider |
15 | | shall distribute stipend funds to an eligible cooperating |
16 | | teacher in one payment. |
17 | | (j) An eligible cooperating teacher who receives a stipend |
18 | | must complete State-approved, evidence-based training that |
19 | | aligns with training for instructional coaches, covers basic |
20 | | responsibilities of a cooperating teacher, includes |
21 | | evidence-based practices in supporting student teachers in |
22 | | school or early childhood settings, and includes the effective |
23 | | assessment of student teachers that aligns with State educator |
24 | | performance evaluation requirements or the equivalent for |
25 | | early childhood education. The State Board of Education shall |
26 | | develop training that meets the criteria of this subsection |
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1 | | available to cooperating teachers. |
2 | | (k) If there is a surplus appropriated in a fiscal year for |
3 | | the stipend program, then the Board shall increase the amount |
4 | | distributed by the same percentage that the surplus bears to |
5 | | the amount required to fully fund the total number of eligible |
6 | | cooperating teachers who qualify for the stipend program that |
7 | | fiscal year. A school district or early childhood education |
8 | | provider shall increase the stipend amount distributed to each |
9 | | eligible cooperating teacher in proportion to the surplus. |
10 | | (l) If the amount appropriated in a fiscal year for the |
11 | | stipend program is insufficient to fully fund stipends for the |
12 | | total number of eligible cooperating teachers for that fiscal |
13 | | year, then the Board shall reduce the amount distributed by |
14 | | the same percentage that the deficit bears to the amount |
15 | | required to fully fund the total number of eligible |
16 | | cooperating teachers who qualify for the stipend program. A |
17 | | school district or early childhood education provider shall |
18 | | reduce the stipend amount distributed to each eligible |
19 | | cooperating teacher in proportion to the deficit. |
20 | | (m) Nothing in this Section is intended to preclude an |
21 | | educator preparation program from providing an eligible |
22 | | cooperating teacher with additional incentives. |
23 | | (n) An eligible cooperating teacher participating in the |
24 | | stipend program may receive professional development hours for |
25 | | completing cooperating teacher training that count toward the |
26 | | eligible cooperating teacher's license renewal or the |
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1 | | equivalent for early childhood education. |
2 | | (o) Subject to available appropriations, the Board shall |
3 | | issue a report evaluating the impact of the stipend program on |
4 | | educator preparation programs, including enrollment and |
5 | | completion rates, hiring rates, and retention rates. The Board |
6 | | shall issue this report in collaboration with the State Board |
7 | | of Education. The Board shall submit this report to the |
8 | | General Assembly and Governor on or before June 30 of the |
9 | | fiscal year following the third consecutive fiscal year during |
10 | | which the stipend program has received funding of at least |
11 | | $2,000,000. |
12 | | (p) The Board shall provide guidance and technical |
13 | | assistance to educator preparation programs on the |
14 | | administration of the stipend program. |
15 | | (q) The Board shall adopt rules regarding the |
16 | | administration of the stipend program, including, but not |
17 | | limited to, the allocation of funds for the stipend program.
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