Bill Amendment: IL SB4000 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: PEN CD-CTPF-REEMPLOYMENT
Status: 2022-06-10 - Public Act . . . . . . . . . 102-1090 [SB4000 Detail]
Download: Illinois-2021-SB4000-Senate_Amendment_002.html
Bill Title: PEN CD-CTPF-REEMPLOYMENT
Status: 2022-06-10 - Public Act . . . . . . . . . 102-1090 [SB4000 Detail]
Download: Illinois-2021-SB4000-Senate_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 4000
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2 | AMENDMENT NO. ______. Amend Senate Bill 4000, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Pension Code is amended by | ||||||
6 | changing Section 17-149 as follows:
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7 | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
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8 | Sec. 17-149. Cancellation of pensions.
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9 | (a) If any person receiving a disability retirement
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10 | pension from the Fund is re-employed as a teacher by an | ||||||
11 | Employer, the pension
shall be cancelled on the date the | ||||||
12 | re-employment begins, or on the first day of
a payroll period | ||||||
13 | for which service credit was validated, whichever is earlier.
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14 | (b) If any person receiving a service retirement pension | ||||||
15 | from the Fund
is re-employed as a teacher on a permanent or | ||||||
16 | annual basis by an Employer,
the pension shall be cancelled on |
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1 | the date the re-employment begins, or on
the first day of a | ||||||
2 | payroll period for which service credit was validated,
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3 | whichever is earlier. However, subject to the limitations and | ||||||
4 | requirements of subsections subsection (c-5), (c-6), and | ||||||
5 | (c-7), the pension shall not be cancelled
in the case of a | ||||||
6 | service retirement pensioner who is
re-employed on a temporary | ||||||
7 | and non-annual basis or on an hourly basis.
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8 | (c) If the date of re-employment on a permanent or annual | ||||||
9 | basis
occurs within 5 school months after the date of previous | ||||||
10 | retirement, exclusive
of any vacation period, the member shall | ||||||
11 | be deemed to have been out of service
only temporarily and not | ||||||
12 | permanently retired. Such person shall be entitled
to pension | ||||||
13 | payments for the time he could have been employed as a teacher | ||||||
14 | and
received salary, but shall not be entitled to pension for | ||||||
15 | or during the summer
vacation prior to his return to service.
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16 | When the member again retires on pension, the time of | ||||||
17 | service and the
money contributed by him during re-employment | ||||||
18 | shall be added to the time
and money previously credited. Such | ||||||
19 | person must acquire 3 consecutive years
of additional | ||||||
20 | contributing service before he may retire again on a pension
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21 | at a rate and under conditions other than those in force or | ||||||
22 | attained at the
time of his previous retirement.
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23 | (c-5) For school years beginning on or after July 1, 2019 | ||||||
24 | and before July 1, 2022 , the service retirement pension shall | ||||||
25 | not be cancelled in the case of a service retirement pensioner | ||||||
26 | who is re-employed as a teacher on a temporary and non-annual |
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1 | basis or on an hourly basis, so long as the person (1) does not | ||||||
2 | work as a teacher for compensation on more than 120 days in a | ||||||
3 | school year or (2) does not accept gross compensation for the | ||||||
4 | re-employment in a school year in excess of (i) $30,000 or (ii) | ||||||
5 | in the case of a person who retires with at least 5 years of | ||||||
6 | service as a principal, an amount that is equal to the daily | ||||||
7 | rate normally paid to retired principals multiplied by 100. | ||||||
8 | These limitations apply only to school years that begin on or | ||||||
9 | after July 1, 2019 and before July 1, 2022 . Such re-employment | ||||||
10 | does not require contributions, result in service credit, or | ||||||
11 | constitute active membership in the Fund. | ||||||
12 | The service retirement pension shall not be cancelled
in | ||||||
13 | the case of a service retirement pensioner who is
re-employed | ||||||
14 | as a teacher on a temporary and non-annual basis or on an | ||||||
15 | hourly basis, so long as the person (1) does not work as a | ||||||
16 | teacher for compensation on more than 100 days in a school year | ||||||
17 | or (2) does not accept gross compensation for the | ||||||
18 | re-employment in a school year in excess of (i) $30,000 or (ii) | ||||||
19 | in the case of a person who retires with at least 5 years of | ||||||
20 | service as a principal, an amount that is equal to the daily | ||||||
21 | rate normally paid to retired principals multiplied by 100. | ||||||
22 | These limitations apply only to school years that begin on or | ||||||
23 | after August 8, 2012 (the effective date of Public Act 97-912) | ||||||
24 | and before July 1, 2019. Such re-employment does not require | ||||||
25 | contributions, result in service credit, or constitute active | ||||||
26 | membership in the Fund. |
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1 | Notwithstanding the 120-day limit set forth in item (1) of | ||||||
2 | this subsection (c-5), the service retirement pension shall | ||||||
3 | not be cancelled in the case of a service retirement pensioner | ||||||
4 | who teaches only driver education courses after regular school | ||||||
5 | hours and does not teach any other subject area, so long as the | ||||||
6 | person does not work as a teacher for compensation for more | ||||||
7 | than 900 hours in a school year. The $30,000 limit set forth in | ||||||
8 | subitem (i) of item (2) of this subsection (c-5) shall apply to | ||||||
9 | a service retirement pensioner who teaches only driver | ||||||
10 | education courses after regular school hours and does not | ||||||
11 | teach any other subject area. | ||||||
12 | To be eligible for such re-employment without cancellation | ||||||
13 | of pension, the pensioner must notify the Fund and the Board of | ||||||
14 | Education of his or her intention to accept re-employment | ||||||
15 | under this subsection (c-5) before beginning that | ||||||
16 | re-employment (or if the re-employment began before the | ||||||
17 | effective date of this amendatory Act, then within 30 days | ||||||
18 | after that effective date). | ||||||
19 | An Employer must certify to the Fund the temporary and | ||||||
20 | non-annual or hourly status and the compensation of each | ||||||
21 | pensioner re-employed under this subsection at least | ||||||
22 | quarterly, and when the pensioner is approaching the earnings | ||||||
23 | limitation under this subsection. | ||||||
24 | If the pensioner works more than 100 days or accepts | ||||||
25 | excess gross compensation for such re-employment in any school | ||||||
26 | year that begins on or after August 8, 2012 (the effective date |
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1 | of Public Act 97-912), the service retirement pension shall | ||||||
2 | thereupon be cancelled. | ||||||
3 | If the pensioner who only teaches drivers education | ||||||
4 | courses after regular school hours works more than 900 hours | ||||||
5 | or accepts excess gross compensation for such re-employment in | ||||||
6 | any school year that begins on or after the effective date of | ||||||
7 | this amendatory Act of the 99th General Assembly, the service | ||||||
8 | retirement pension shall thereupon be cancelled. | ||||||
9 | If the pensioner works more than 120 days or accepts | ||||||
10 | excess gross compensation for such re-employment in any school | ||||||
11 | year that begins on or after July 1, 2019, the service | ||||||
12 | retirement pension shall thereupon be cancelled. | ||||||
13 | The Board of the Fund shall adopt rules for the | ||||||
14 | implementation and administration of this subsection. | ||||||
15 | (c-6) For school years beginning on or after July 1, 2022 | ||||||
16 | and before July 1, 2024, 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 or an administrator on a | ||||||
19 | temporary and non-annual basis or on an hourly bases, so long | ||||||
20 | as the person does not work as a teacher or an administrator | ||||||
21 | for compensation on more than 140 days in a school year. Such | ||||||
22 | re-employment does not require contributions, result in | ||||||
23 | service credit, or constitute active membership in the Fund. | ||||||
24 | (c-7) For school years beginning on or after July 1, 2024, | ||||||
25 | the service retirement pension shall not be cancelled in the | ||||||
26 | case of a service retirement pensioner who is re-employed as a |
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1 | teacher or an administrator on a temporary and non-annual | ||||||
2 | basis or on an hourly basis, so long as the person does not | ||||||
3 | work as a teacher or an administrator for compensation on more | ||||||
4 | than 120 days in a school year. Such re-employment does not | ||||||
5 | require contributions, result in service credit, or constitute | ||||||
6 | active membership in the Fund. | ||||||
7 | (d) Notwithstanding Sections 1-103.1 and 17-157, the | ||||||
8 | changes to this
Section made by Public Act 90-32
apply without | ||||||
9 | regard to whether termination of service occurred before the
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10 | effective date of that Act and apply
retroactively to August | ||||||
11 | 23, 1989.
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12 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
13 | to this Section
and Section 17-106 made by Public Act 92-599
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14 | apply without regard to whether termination of service | ||||||
15 | occurred before the
effective date of that Act.
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16 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
17 | to this Section
made by this amendatory Act of the 97th General | ||||||
18 | Assembly
apply without regard to whether termination of | ||||||
19 | service occurred before the
effective date of this amendatory | ||||||
20 | Act. | ||||||
21 | (Source: P.A. 101-340, eff. 8-9-19.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.".
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