Bill Text: IL SB3374 | 2013-2014 | 98th General Assembly | Engrossed
Bill Title: Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-01-13 - Session Sine Die [SB3374 Detail]
Download: Illinois-2013-SB3374-Engrossed.html
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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 changing | ||||||
5 | Sections 16-150.1 and 16-203 as follows:
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6 | (40 ILCS 5/16-150.1)
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7 | Sec. 16-150.1. Return to teaching in subject shortage area.
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8 | (a) As used in this Section, "eligible employment" means | ||||||
9 | employment
beginning on or after July 1, 2003 and ending no | ||||||
10 | later than June 30, 2018 2013 ,
in a subject shortage area at a | ||||||
11 | qualified school, in a position requiring
certification under | ||||||
12 | the law governing the certification of teachers.
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13 | As used in this Section, "qualified school" means a public | ||||||
14 | elementary or
secondary school that meets all of the following | ||||||
15 | requirements:
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16 | (1) At the time of hiring a retired teacher under this | ||||||
17 | Section, the
school is experiencing a shortage of teachers | ||||||
18 | in the subject shortage area
for which the teacher is | ||||||
19 | hired.
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20 | (2) The school district to which the school belongs has | ||||||
21 | complied with
the requirements of subsection (e), and the | ||||||
22 | regional superintendent has
certified that compliance to | ||||||
23 | the System.
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1 | (3) If the school district to which the school belongs | ||||||
2 | provides group
health benefits for its teachers generally, | ||||||
3 | substantially similar health
benefits are made available | ||||||
4 | for teachers participating in the program under
this | ||||||
5 | Section, without any limitations based on pre-existing | ||||||
6 | conditions.
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7 | (b) An annuitant receiving a retirement annuity under this | ||||||
8 | Article
(other than a disability retirement annuity) may engage | ||||||
9 | in eligible
employment at a qualified school without impairing | ||||||
10 | his or her retirement
status or retirement annuity, subject to | ||||||
11 | the following conditions:
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12 | (1) the eligible employment does not begin within the | ||||||
13 | school year
during which service was terminated;
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14 | (2) the annuitant has not received any early retirement | ||||||
15 | incentive under
Section 16-133.3, 16-133.4, or 16-133.5;
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16 | (3) if the annuitant retired before age 60 and with | ||||||
17 | less than 34 years
of service, the eligible employment does | ||||||
18 | not begin within the year following
the effective date of | ||||||
19 | the retirement annuity;
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20 | (4) if the annuitant retired at age 60 or above or with | ||||||
21 | 34 or more
years of service, the eligible employment does | ||||||
22 | not begin within the 90 days
following the effective date | ||||||
23 | of the retirement annuity; and
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24 | (5) before the eligible employment begins, the | ||||||
25 | employer notifies the
System in writing of the annuitant's | ||||||
26 | desire to participate in the program
established under this |
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1 | Section.
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2 | (c) An annuitant engaged in eligible employment in | ||||||
3 | accordance with
subsection (b) shall be deemed a participant in | ||||||
4 | the program established
under this Section for so long as he or | ||||||
5 | she remains employed in eligible
employment.
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6 | (d) A participant in the program established under this | ||||||
7 | Section continues
to be a retirement annuitant, rather than an | ||||||
8 | active teacher, for all of the
purposes of this Code, but shall | ||||||
9 | be deemed an active teacher for other
purposes, such as | ||||||
10 | inclusion in a collective bargaining unit, eligibility for
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11 | group health benefits, and compliance with the laws governing | ||||||
12 | the employment,
regulation, certification, treatment, and | ||||||
13 | conduct of teachers.
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14 | With respect to an annuitant's eligible employment under | ||||||
15 | this Section,
neither employee nor employer contributions | ||||||
16 | shall be made to the System and
no additional service credit | ||||||
17 | shall be earned. Eligible employment does not
affect the | ||||||
18 | annuitant's final average salary or the amount of the | ||||||
19 | retirement
annuity.
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20 | (e) Before hiring a teacher under this Section, the school | ||||||
21 | district
to which the school belongs must do the following:
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22 | (1) If the school district to which the school belongs | ||||||
23 | has honorably
dismissed, within the calendar year | ||||||
24 | preceding the beginning of the school term
for which it | ||||||
25 | seeks to employ a retired teacher under the program | ||||||
26 | established in
this Section, any teachers who are legally |
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1 | qualified to hold positions in the
subject shortage area | ||||||
2 | and have not yet begun to receive their retirement
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3 | annuities under this Article, the vacant positions must | ||||||
4 | first be tendered to
those teachers.
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5 | (2) For a period of at least 90 days
during the 6 | ||||||
6 | months preceding the beginning of either the fall or spring | ||||||
7 | term for which
it seeks to employ a retired teacher under | ||||||
8 | the program established in this
Section, the school | ||||||
9 | district must, on an ongoing basis, both (i) advertise
its | ||||||
10 | vacancies in the subject shortage area in a newspaper of | ||||||
11 | general
circulation in the area in which the school is | ||||||
12 | located and in employment
bulletins published by college | ||||||
13 | and university placement offices located near
the school; | ||||||
14 | and (ii) search for teachers legally qualified to fill | ||||||
15 | those
vacancies through the Illinois Education Job Bank.
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16 | The school district must submit documentation of its | ||||||
17 | compliance with this
subsection to the regional | ||||||
18 | superintendent. Upon receiving satisfactory
documentation from | ||||||
19 | the school district, the regional superintendent shall
certify | ||||||
20 | the district's compliance with this subsection to the System.
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21 | (f) This Section applies without regard to whether the | ||||||
22 | annuitant was in
service on or after the effective date of this | ||||||
23 | amendatory Act of the 93rd
General Assembly.
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24 | (Source: P.A. 94-129, eff. 7-7-05; 95-910, eff. 8-26-08.)
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25 | (40 ILCS 5/16-203) |
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1 | (Text of Section before amendment by P.A. 98-599 )
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2 | Sec. 16-203. Application and expiration of new benefit | ||||||
3 | increases. | ||||||
4 | (a) As used in this Section, "new benefit increase" means | ||||||
5 | an increase in the amount of any benefit provided under this | ||||||
6 | Article, or an expansion of the conditions of eligibility for | ||||||
7 | any benefit under this Article, that results from an amendment | ||||||
8 | to this Code that takes effect after June 1, 2005 (the | ||||||
9 | effective date of Public Act 94-4). "New benefit increase", | ||||||
10 | however, does not include any benefit increase resulting from | ||||||
11 | the changes made to this Article by Public Act 95-910 or by | ||||||
12 | this amendatory Act of the 98th General Assembly this | ||||||
13 | amendatory Act of the 95th General Assembly . | ||||||
14 | (b) Notwithstanding any other provision of this Code or any | ||||||
15 | subsequent amendment to this Code, every new benefit increase | ||||||
16 | is subject to this Section and shall be deemed to be granted | ||||||
17 | only in conformance with and contingent upon compliance with | ||||||
18 | the provisions of this Section.
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19 | (c) The Public Act enacting a new benefit increase must | ||||||
20 | identify and provide for payment to the System of additional | ||||||
21 | funding at least sufficient to fund the resulting annual | ||||||
22 | increase in cost to the System as it accrues. | ||||||
23 | Every new benefit increase is contingent upon the General | ||||||
24 | Assembly providing the additional funding required under this | ||||||
25 | subsection. The Commission on Government Forecasting and | ||||||
26 | Accountability shall analyze whether adequate additional |
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1 | funding has been provided for the new benefit increase and | ||||||
2 | shall report its analysis to the Public Pension Division of the | ||||||
3 | Department of Financial and Professional Regulation. A new | ||||||
4 | benefit increase created by a Public Act that does not include | ||||||
5 | the additional funding required under this subsection is null | ||||||
6 | and void. If the Public Pension Division determines that the | ||||||
7 | additional funding provided for a new benefit increase under | ||||||
8 | this subsection is or has become inadequate, it may so certify | ||||||
9 | to the Governor and the State Comptroller and, in the absence | ||||||
10 | of corrective action by the General Assembly, the new benefit | ||||||
11 | increase shall expire at the end of the fiscal year in which | ||||||
12 | the certification is made.
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13 | (d) Every new benefit increase shall expire 5 years after | ||||||
14 | its effective date or on such earlier date as may be specified | ||||||
15 | in the language enacting the new benefit increase or provided | ||||||
16 | under subsection (c). This does not prevent the General | ||||||
17 | Assembly from extending or re-creating a new benefit increase | ||||||
18 | by law. | ||||||
19 | (e) Except as otherwise provided in the language creating | ||||||
20 | the new benefit increase, a new benefit increase that expires | ||||||
21 | under this Section continues to apply to persons who applied | ||||||
22 | and qualified for the affected benefit while the new benefit | ||||||
23 | increase was in effect and to the affected beneficiaries and | ||||||
24 | alternate payees of such persons, but does not apply to any | ||||||
25 | other person, including without limitation a person who | ||||||
26 | continues in service after the expiration date and did not |
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1 | apply and qualify for the affected benefit while the new | ||||||
2 | benefit increase was in effect.
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3 | (Source: P.A. 94-4, eff. 6-1-05; 95-910, eff. 8-26-08.)
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4 | (Text of Section after amendment by P.A. 98-599 ) | ||||||
5 | Sec. 16-203. Application and expiration of new benefit | ||||||
6 | increases. | ||||||
7 | (a) As used in this Section, "new benefit increase" means | ||||||
8 | an increase in the amount of any benefit provided under this | ||||||
9 | Article, or an expansion of the conditions of eligibility for | ||||||
10 | any benefit under this Article, that results from an amendment | ||||||
11 | to this Code that takes effect after June 1, 2005 (the | ||||||
12 | effective date of Public Act 94-4). "New benefit increase", | ||||||
13 | however, does not include any benefit increase resulting from | ||||||
14 | the changes made to this Article by Public Acts Act 95-910 or | ||||||
15 | 98-599 or by this amendatory Act of the 98th General Assembly | ||||||
16 | or by this amendatory Act of the 98th General Assembly . | ||||||
17 | (b) Notwithstanding any other provision of this Code or any | ||||||
18 | subsequent amendment to this Code, every new benefit increase | ||||||
19 | is subject to this Section and shall be deemed to be granted | ||||||
20 | only in conformance with and contingent upon compliance with | ||||||
21 | the provisions of this Section.
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22 | (c) The Public Act enacting a new benefit increase must | ||||||
23 | identify and provide for payment to the System of additional | ||||||
24 | funding at least sufficient to fund the resulting annual | ||||||
25 | increase in cost to the System as it accrues. |
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1 | Every new benefit increase is contingent upon the General | ||||||
2 | Assembly providing the additional funding required under this | ||||||
3 | subsection. The Commission on Government Forecasting and | ||||||
4 | Accountability shall analyze whether adequate additional | ||||||
5 | funding has been provided for the new benefit increase and | ||||||
6 | shall report its analysis to the Public Pension Division of the | ||||||
7 | Department of Insurance. A new benefit increase created by a | ||||||
8 | Public Act that does not include the additional funding | ||||||
9 | required under this subsection is null and void. If the Public | ||||||
10 | Pension Division determines that the additional funding | ||||||
11 | provided for a new benefit increase under this subsection is or | ||||||
12 | has become inadequate, it may so certify to the Governor and | ||||||
13 | the State Comptroller and, in the absence of corrective action | ||||||
14 | by the General Assembly, the new benefit increase shall expire | ||||||
15 | at the end of the fiscal year in which the certification is | ||||||
16 | made.
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17 | (d) Every new benefit increase shall expire 5 years after | ||||||
18 | its effective date or on such earlier date as may be specified | ||||||
19 | in the language enacting the new benefit increase or provided | ||||||
20 | under subsection (c). This does not prevent the General | ||||||
21 | Assembly from extending or re-creating a new benefit increase | ||||||
22 | by law. | ||||||
23 | (e) Except as otherwise provided in the language creating | ||||||
24 | the new benefit increase, a new benefit increase that expires | ||||||
25 | under this Section continues to apply to persons who applied | ||||||
26 | and qualified for the affected benefit while the new benefit |
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1 | increase was in effect and to the affected beneficiaries and | ||||||
2 | alternate payees of such persons, but does not apply to any | ||||||
3 | other person, including without limitation a person who | ||||||
4 | continues in service after the expiration date and did not | ||||||
5 | apply and qualify for the affected benefit while the new | ||||||
6 | benefit increase was in effect.
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7 | (Source: P.A. 98-599, eff. 6-1-14.)
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8 | Section 90. The State Mandates Act is amended by adding | ||||||
9 | Section 8.38 as follows:
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10 | (30 ILCS 805/8.38 new) | ||||||
11 | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
12 | of this Act, no reimbursement by the State is required for the | ||||||
13 | implementation of any mandate created by this amendatory Act of | ||||||
14 | the 98th General Assembly.
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15 | Section 95. No acceleration or delay. Where this Act makes | ||||||
16 | changes in a statute that is represented in this Act by text | ||||||
17 | that is not yet or no longer in effect (for example, a Section | ||||||
18 | represented by multiple versions), the use of that text does | ||||||
19 | not accelerate or delay the taking effect of (i) the changes | ||||||
20 | made by this Act or (ii) provisions derived from any other | ||||||
21 | Public Act.
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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