Bill Amendment: IL HB5472 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PEN CD-TEACHERS-RE-EMPLOYMENT
Status: 2022-04-28 - Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford [HB5472 Detail]
Download: Illinois-2021-HB5472-House_Amendment_002.html
Bill Title: PEN CD-TEACHERS-RE-EMPLOYMENT
Status: 2022-04-28 - Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford [HB5472 Detail]
Download: Illinois-2021-HB5472-House_Amendment_002.html
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1 | AMENDMENT TO HOUSE BILL 5472
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2 | AMENDMENT NO. ______. Amend House Bill 5472 by replacing | ||||||
3 | line 2 on page 3 through line 17 on page 7 with the following:
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4 | "(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
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5 | Sec. 17-149. Cancellation of pensions.
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6 | (a) If any person receiving a disability retirement
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7 | pension from the Fund is re-employed as a teacher by an | ||||||
8 | Employer, the pension
shall be cancelled on the date the | ||||||
9 | re-employment begins, or on the first day of
a payroll period | ||||||
10 | for which service credit was validated, whichever is earlier.
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11 | (b) If any person receiving a service retirement pension | ||||||
12 | from the Fund
is re-employed as a teacher on a permanent or | ||||||
13 | annual basis by an Employer,
the pension shall be cancelled on | ||||||
14 | the date the re-employment begins, or on
the first day of a | ||||||
15 | payroll period for which service credit was validated,
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16 | whichever is earlier. However, subject to the limitations and | ||||||
17 | requirements of subsections subsection (c-5), (c-6), and |
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1 | (c-7), the pension shall not be cancelled
in the case of a | ||||||
2 | service retirement pensioner who is
re-employed on a temporary | ||||||
3 | and non-annual basis or on an hourly basis.
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4 | (c) If the date of re-employment on a permanent or annual | ||||||
5 | basis
occurs within 5 school months after the date of previous | ||||||
6 | retirement, exclusive
of any vacation period, the member shall | ||||||
7 | be deemed to have been out of service
only temporarily and not | ||||||
8 | permanently retired. Such person shall be entitled
to pension | ||||||
9 | payments for the time he could have been employed as a teacher | ||||||
10 | and
received salary, but shall not be entitled to pension for | ||||||
11 | or during the summer
vacation prior to his return to service.
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12 | When the member again retires on pension, the time of | ||||||
13 | service and the
money contributed by him during re-employment | ||||||
14 | shall be added to the time
and money previously credited. Such | ||||||
15 | person must acquire 3 consecutive years
of additional | ||||||
16 | contributing service before he may retire again on a pension
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17 | at a rate and under conditions other than those in force or | ||||||
18 | attained at the
time of his previous retirement.
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19 | (c-5) For school years beginning on or after July 1, 2019 | ||||||
20 | and before July 1, 2022 , the service retirement pension shall | ||||||
21 | not be cancelled in the case of a service retirement pensioner | ||||||
22 | who is re-employed as a teacher on a temporary and non-annual | ||||||
23 | basis or on an hourly basis, so long as the person (1) does not | ||||||
24 | work as a teacher for compensation on more than 120 days in a | ||||||
25 | school year or (2) does not accept gross compensation for the | ||||||
26 | re-employment in a school year in excess of (i) $30,000 or (ii) |
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1 | in the case of a person who retires with at least 5 years of | ||||||
2 | service as a principal, an amount that is equal to the daily | ||||||
3 | rate normally paid to retired principals multiplied by 100. | ||||||
4 | These limitations apply only to school years that begin on or | ||||||
5 | after July 1, 2019 and before July 1, 2022 . Such re-employment | ||||||
6 | does not require contributions, result in service credit, or | ||||||
7 | constitute active membership in the Fund. | ||||||
8 | The service retirement pension shall not be cancelled
in | ||||||
9 | the case of a service retirement pensioner who is
re-employed | ||||||
10 | as a teacher on a temporary and non-annual basis or on an | ||||||
11 | hourly basis, so long as the person (1) does not work as a | ||||||
12 | teacher for compensation on more than 100 days in a school year | ||||||
13 | or (2) does not accept gross compensation for the | ||||||
14 | re-employment in a school year in excess of (i) $30,000 or (ii) | ||||||
15 | in the case of a person who retires with at least 5 years of | ||||||
16 | service as a principal, an amount that is equal to the daily | ||||||
17 | rate normally paid to retired principals multiplied by 100. | ||||||
18 | These limitations apply only to school years that begin on or | ||||||
19 | after August 8, 2012 (the effective date of Public Act 97-912) | ||||||
20 | and before July 1, 2019. Such re-employment does not require | ||||||
21 | contributions, result in service credit, or constitute active | ||||||
22 | membership in the Fund. | ||||||
23 | Notwithstanding the 120-day limit set forth in item (1) of | ||||||
24 | this subsection (c-5), the service retirement pension shall | ||||||
25 | not be cancelled in the case of a service retirement pensioner | ||||||
26 | who teaches only driver education courses after regular school |
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1 | hours and does not teach any other subject area, so long as the | ||||||
2 | person does not work as a teacher for compensation for more | ||||||
3 | than 900 hours in a school year. The $30,000 limit set forth in | ||||||
4 | subitem (i) of item (2) of this subsection (c-5) shall apply to | ||||||
5 | a service retirement pensioner who teaches only driver | ||||||
6 | education courses after regular school hours and does not | ||||||
7 | teach any other subject area. | ||||||
8 | To be eligible for such re-employment without cancellation | ||||||
9 | of pension, the pensioner must notify the Fund and the Board of | ||||||
10 | Education of his or her intention to accept re-employment | ||||||
11 | under this subsection (c-5) before beginning that | ||||||
12 | re-employment (or if the re-employment began before the | ||||||
13 | effective date of this amendatory Act, then within 30 days | ||||||
14 | after that effective date). | ||||||
15 | An Employer must certify to the Fund the temporary and | ||||||
16 | non-annual or hourly status and the compensation of each | ||||||
17 | pensioner re-employed under this subsection at least | ||||||
18 | quarterly, and when the pensioner is approaching the earnings | ||||||
19 | limitation under this subsection. | ||||||
20 | If the pensioner works more than 100 days or accepts | ||||||
21 | excess gross compensation for such re-employment in any school | ||||||
22 | year that begins on or after August 8, 2012 (the effective date | ||||||
23 | of Public Act 97-912), the service retirement pension shall | ||||||
24 | thereupon be cancelled. | ||||||
25 | If the pensioner who only teaches drivers education | ||||||
26 | courses after regular school hours works more than 900 hours |
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1 | or accepts excess gross compensation for such re-employment in | ||||||
2 | any school year that begins on or after the effective date of | ||||||
3 | this amendatory Act of the 99th General Assembly, the service | ||||||
4 | retirement pension shall thereupon be cancelled. | ||||||
5 | If the pensioner works more than 120 days or accepts | ||||||
6 | excess gross compensation for such re-employment in any school | ||||||
7 | year that begins on or after July 1, 2019, the service | ||||||
8 | retirement pension shall thereupon be cancelled. | ||||||
9 | The Board of the Fund shall adopt rules for the | ||||||
10 | implementation and administration of this subsection. | ||||||
11 | (c-6) For school years beginning on or after July 1, 2022 | ||||||
12 | and before July 1, 2024, the service retirement pension shall | ||||||
13 | not be cancelled in the case of a service retirement pensioner | ||||||
14 | who is re-employed as a teacher or an administrator on a | ||||||
15 | temporary and non-annual basis or on an hourly basis, so long | ||||||
16 | as the person does not work as a teacher or an administrator | ||||||
17 | for compensation on more than 140 days in a school year. Such | ||||||
18 | re-employment does not require contributions, result in | ||||||
19 | service credit, or constitute active membership in the Fund. | ||||||
20 | (c-7) For school years beginning on or after July 1, 2024, | ||||||
21 | the service retirement pension shall not be cancelled in the | ||||||
22 | case of a service retirement pensioner who is re-employed as a | ||||||
23 | teacher or an administrator on a temporary and non-annual | ||||||
24 | basis or on an hourly basis, so long as the person does not | ||||||
25 | work as a teacher or an administrator for compensation on more | ||||||
26 | than 120 days in a school year. Such re-employment does not |
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1 | require contributions, result in service credit, or constitute | ||||||
2 | active membership in the Fund. | ||||||
3 | (d) Notwithstanding Sections 1-103.1 and 17-157, the | ||||||
4 | changes to this
Section made by Public Act 90-32
apply without | ||||||
5 | regard to whether termination of service occurred before the
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6 | effective date of that Act and apply
retroactively to August | ||||||
7 | 23, 1989.
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8 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
9 | to this Section
and Section 17-106 made by Public Act 92-599
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10 | apply without regard to whether termination of service | ||||||
11 | occurred before the
effective date of that Act.
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12 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
13 | to this Section
made by this amendatory Act of the 97th General | ||||||
14 | Assembly
apply without regard to whether termination of | ||||||
15 | service occurred before the
effective date of this amendatory | ||||||
16 | Act. | ||||||
17 | (Source: P.A. 101-340, eff. 8-9-19.)".
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