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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3455 Introduced 2/14/2014, by Sen. William E. Brady - Wm. Sam McCann SYNOPSIS AS INTRODUCED:
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Amends the Downstate Teacher Article of the Illinois Pension Code. In the provision defining "eligible employment" for the purpose of allowing a teacher to return to teaching in subject shortage areas without impairing his or her retirement status or retirement annuity, changes the ending date of the employment from no later than June 30, 2013 to no later than June 30, 2018.
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| | | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
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| | SB3455 | | LRB098 16097 RPM 51153 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,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Pension Code is amended by changing |
| 5 | | Section 16-150.1 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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