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| | SB2920 Engrossed | | LRB103 36821 RPS 66932 b |
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| 1 | | AN ACT concerning public employee benefits.
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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 Section 17-149 as follows:
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| 6 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149) |
| 7 | | Sec. 17-149. Cancellation of pensions. |
| 8 | | (a) If any person receiving a disability retirement |
| 9 | | pension from the Fund is re-employed as a teacher by an |
| 10 | | Employer, the pension shall be cancelled on the date the |
| 11 | | re-employment begins, or on the first day of a payroll period |
| 12 | | for which service credit was validated, whichever is earlier. |
| 13 | | (b) If any person receiving a service retirement pension |
| 14 | | from the Fund is re-employed as a teacher on a permanent or |
| 15 | | annual basis by an Employer, the pension shall be cancelled on |
| 16 | | the date the re-employment begins, or on the first day of a |
| 17 | | payroll period for which service credit was validated, |
| 18 | | whichever is earlier. However, subject to the limitations and |
| 19 | | requirements of subsection (c-5), (c-6), (c-7), or (c-10), the |
| 20 | | pension shall not be cancelled in the case of a service |
| 21 | | retirement pensioner who is re-employed on a temporary and |
| 22 | | non-annual basis or on an hourly basis. |
| 23 | | (c) If the date of re-employment on a permanent or annual |
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| | SB2920 Engrossed | - 2 - | LRB103 36821 RPS 66932 b |
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| 1 | | basis occurs within 5 school months after the date of previous |
| 2 | | retirement, exclusive of any vacation period, the member shall |
| 3 | | be deemed to have been out of service only temporarily and not |
| 4 | | permanently retired. Such person shall be entitled to pension |
| 5 | | payments for the time he could have been employed as a teacher |
| 6 | | and received salary, but shall not be entitled to pension for |
| 7 | | or during the summer vacation prior to his return to service. |
| 8 | | When the member again retires on pension, the time of |
| 9 | | service and the money contributed by him during re-employment |
| 10 | | shall be added to the time and money previously credited. Such |
| 11 | | person must acquire 3 consecutive years of additional |
| 12 | | contributing service before he may retire again on a pension |
| 13 | | at a rate and under conditions other than those in force or |
| 14 | | attained at the time of his previous retirement. |
| 15 | | (c-5) For school years beginning on or after July 1, 2019 |
| 16 | | and before July 1, 2022, the service retirement pension shall |
| 17 | | not be cancelled in the case of a service retirement pensioner |
| 18 | | who is re-employed as a teacher on a temporary and non-annual |
| 19 | | basis or on an hourly basis, so long as the person (1) does not |
| 20 | | work as a teacher for compensation on more than 120 days in a |
| 21 | | school year or (2) does not accept gross compensation for the |
| 22 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
| 23 | | in the case of a person who retires with at least 5 years of |
| 24 | | service as a principal, an amount that is equal to the daily |
| 25 | | rate normally paid to retired principals multiplied by 100. |
| 26 | | These limitations apply only to school years that begin on or |
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| | SB2920 Engrossed | - 3 - | LRB103 36821 RPS 66932 b |
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| 1 | | after July 1, 2019 and before July 1, 2022. Such re-employment |
| 2 | | does not require contributions, result in service credit, or |
| 3 | | constitute active membership in the Fund. |
| 4 | | The service retirement pension shall not be cancelled in |
| 5 | | the case of a service retirement pensioner who is re-employed |
| 6 | | as a teacher on a temporary and non-annual basis or on an |
| 7 | | hourly basis, so long as the person (1) does not work as a |
| 8 | | teacher for compensation on more than 100 days in a school year |
| 9 | | or (2) does not accept gross compensation for the |
| 10 | | re-employment in a school year in excess of (i) $30,000 or (ii) |
| 11 | | in the case of a person who retires with at least 5 years of |
| 12 | | service as a principal, an amount that is equal to the daily |
| 13 | | rate normally paid to retired principals multiplied by 100. |
| 14 | | These limitations apply only to school years that begin on or |
| 15 | | after August 8, 2012 (the effective date of Public Act 97-912) |
| 16 | | and before July 1, 2019. Such re-employment does not require |
| 17 | | contributions, result in service credit, or constitute active |
| 18 | | membership in the Fund. |
| 19 | | Notwithstanding the 120-day limit set forth in item (1) of |
| 20 | | this subsection (c-5), the service retirement pension shall |
| 21 | | not be cancelled in the case of a service retirement pensioner |
| 22 | | who teaches only driver education courses after regular school |
| 23 | | hours and does not teach any other subject area, so long as the |
| 24 | | person does not work as a teacher for compensation for more |
| 25 | | than 900 hours in a school year. The $30,000 limit set forth in |
| 26 | | subitem (i) of item (2) of this subsection (c-5) shall apply to |
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| | SB2920 Engrossed | - 4 - | LRB103 36821 RPS 66932 b |
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| 1 | | a service retirement pensioner who teaches only driver |
| 2 | | education courses after regular school hours and does not |
| 3 | | teach any other subject area. |
| 4 | | To be eligible for such re-employment without cancellation |
| 5 | | of pension, the pensioner must notify the Fund and the Board of |
| 6 | | Education of his or her intention to accept re-employment |
| 7 | | under this subsection (c-5) before beginning that |
| 8 | | re-employment (or if the re-employment began before August 8, |
| 9 | | 2012 (the effective date of Public Act 97-912), then within 30 |
| 10 | | days after that effective date). |
| 11 | | An Employer must certify to the Fund the temporary and |
| 12 | | non-annual or hourly status and the compensation of each |
| 13 | | pensioner re-employed under this subsection at least |
| 14 | | quarterly, and when the pensioner is approaching the earnings |
| 15 | | limitation under this subsection. |
| 16 | | If the pensioner works more than 100 days or accepts |
| 17 | | excess gross compensation for such re-employment in any school |
| 18 | | year that begins on or after August 8, 2012 (the effective date |
| 19 | | of Public Act 97-912), the service retirement pension shall |
| 20 | | thereupon be cancelled. |
| 21 | | If the pensioner who only teaches drivers education |
| 22 | | courses after regular school hours works more than 900 hours |
| 23 | | or accepts excess gross compensation for such re-employment in |
| 24 | | any school year that begins on or after August 12, 2016 (the |
| 25 | | effective date of Public Act 99-786), the service retirement |
| 26 | | pension shall thereupon be cancelled. |
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| | SB2920 Engrossed | - 5 - | LRB103 36821 RPS 66932 b |
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| 1 | | If the pensioner works more than 120 days or accepts |
| 2 | | excess gross compensation for such re-employment in any school |
| 3 | | year that begins on or after July 1, 2019, the service |
| 4 | | retirement pension shall thereupon be cancelled. |
| 5 | | The Board of the Fund shall adopt rules for the |
| 6 | | implementation and administration of this subsection. |
| 7 | | (c-6) For school years beginning on or after July 1, 2022 |
| 8 | | and before July 1, 2027 2024, the service retirement pension |
| 9 | | shall not be cancelled in the case of a service retirement |
| 10 | | pensioner who is re-employed as a teacher or an administrator |
| 11 | | on a temporary and non-annual basis or on an hourly basis, so |
| 12 | | long as the person does not work as a teacher or an |
| 13 | | administrator for compensation on more than 140 days in a |
| 14 | | school year. Such re-employment does not require |
| 15 | | contributions, result in service credit, or constitute active |
| 16 | | membership in the Fund. |
| 17 | | (c-7) For school years beginning on or after July 1, 2027 |
| 18 | | 2024, the service retirement pension shall not be cancelled in |
| 19 | | the case of a service retirement pensioner who is re-employed |
| 20 | | as a teacher or an administrator on a temporary and non-annual |
| 21 | | basis or on an hourly basis, so long as the person does not |
| 22 | | work as a teacher or an administrator for compensation on more |
| 23 | | than 120 days in a school year. Such re-employment does not |
| 24 | | require contributions, result in service credit, or constitute |
| 25 | | active membership in the Fund. |
| 26 | | (c-10) Until June 30, 2027 2024, the service retirement |
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| | SB2920 Engrossed | - 6 - | LRB103 36821 RPS 66932 b |
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| 1 | | pension of a service retirement pensioner shall not be |
| 2 | | cancelled if the service retirement pensioner is employed in a |
| 3 | | subject shortage area and the Employer that is employing the |
| 4 | | service retirement pensioner meets the following requirements: |
| 5 | | (1) If the Employer has honorably dismissed, within |
| 6 | | the calendar year preceding the beginning of the school |
| 7 | | term for which it seeks to employ a service retirement |
| 8 | | pensioner under this subsection, any teachers who are |
| 9 | | legally qualified to hold positions in the subject |
| 10 | | shortage area and have not yet begun to receive their |
| 11 | | service retirement pensions under this Article, the vacant |
| 12 | | positions must first be tendered to those teachers. |
| 13 | | (2) For a period of at least 90 days during the 6 |
| 14 | | months preceding the beginning of either the fall or |
| 15 | | spring term for which it seeks to employ a service |
| 16 | | retirement pensioner under this subsection, the Employer |
| 17 | | must, on an ongoing basis, (i) advertise its vacancies in |
| 18 | | the subject shortage area in employment bulletins |
| 19 | | published by college and university placement offices |
| 20 | | located near the school; (ii) search for teachers legally |
| 21 | | qualified to fill those vacancies through the Illinois |
| 22 | | Education Job Bank; and (iii) post all vacancies on the |
| 23 | | Employer's website and list the vacancy in an online job |
| 24 | | portal or database. |
| 25 | | An Employer of a teacher who is unable to continue |
| 26 | | employment with the Employer because of documented illness, |
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| | SB2920 Engrossed | - 7 - | LRB103 36821 RPS 66932 b |
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| 1 | | injury, or disability that occurred after being hired by the |
| 2 | | Employer under this subsection is exempt from the provisions |
| 3 | | of paragraph (2) for 90 school days. However, the Employer |
| 4 | | must on an ongoing basis comply with items (i), (ii), and (iii) |
| 5 | | of paragraph (2). |
| 6 | | The Employer must submit documentation of its compliance |
| 7 | | with this subsection to the regional superintendent. Upon |
| 8 | | receiving satisfactory documentation from the Employer, the |
| 9 | | regional superintendent shall certify the Employer's |
| 10 | | compliance with this subsection to the Fund. |
| 11 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the |
| 12 | | changes to this Section made by Public Act 90-32 apply without |
| 13 | | regard to whether termination of service occurred before the |
| 14 | | effective date of that Act and apply retroactively to August |
| 15 | | 23, 1989. |
| 16 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
| 17 | | to this Section and Section 17-106 made by Public Act 92-599 |
| 18 | | apply without regard to whether termination of service |
| 19 | | occurred before June 28, 2002 (the effective date of Public |
| 20 | | Act 92-599). |
| 21 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
| 22 | | to this Section made by Public Act 97-912 apply without regard |
| 23 | | to whether termination of service occurred before August 8, |
| 24 | | 2012 (the effective date of Public Act 97-912). |
| 25 | | (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22; |
| 26 | | 103-154, eff. 6-30-23.)
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