Bill Text: IL HB2242 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Chicago Municipal and the Chicago Teachers Articles of the Illinois Pension Code. In the Chicago Municipal Article, includes in the definition of "employee" any person employed by a charter school or contract school operating pursuant to an agreement with the Chicago Board of Education who is not a licensed teacher or employed in a position requiring certification or licensure under the School Code, except persons contributing to any other public employee pension system in Illinois for the same employment. Adds charter schools and contract schools to the definition of "employer". In the Chicago Teachers Article, includes in the definition of "teacher" any educational, administrative, professional, or other staff employed in a contract school operating pursuant to an agreement with the Chicago Board of Education who is employed in a position requiring certification or licensure under the School Code. Includes in the definition of "employer", a contract school operating pursuant to an agreement with the Chicago Board of Education. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2242 Detail]

Download: Illinois-2019-HB2242-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2242

Introduced , by Rep. Robert Martwick

SYNOPSIS AS INTRODUCED:
40 ILCS 5/8-110 from Ch. 108 1/2, par. 8-110
40 ILCS 5/8-113 from Ch. 108 1/2, par. 8-113
40 ILCS 5/17-105.1
40 ILCS 5/17-106 from Ch. 108 1/2, par. 17-106
30 ILCS 805/8.43 new

Amends the Chicago Municipal and the Chicago Teachers Articles of the Illinois Pension Code. In the Chicago Municipal Article, includes in the definition of "employee" any person employed by a charter school or contract school operating pursuant to an agreement with the Chicago Board of Education who is not a licensed teacher or employed in a position requiring certification or licensure under the School Code, except persons contributing to any other public employee pension system in Illinois for the same employment. Adds charter schools and contract schools to the definition of "employer". In the Chicago Teachers Article, includes in the definition of "teacher" any educational, administrative, professional, or other staff employed in a contract school operating pursuant to an agreement with the Chicago Board of Education who is employed in a position requiring certification or licensure under the School Code. Includes in the definition of "employer", a contract school operating pursuant to an agreement with the Chicago Board of Education. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
LRB101 06668 RPS 51695 b
FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

HB2242LRB101 06668 RPS 51695 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by changing
5Sections 8-110, 8-113, 17-105.1, and 17-106 as follows:
6 (40 ILCS 5/8-110) (from Ch. 108 1/2, par. 8-110)
7 Sec. 8-110. Employer. "Employer":
8 (1) a city of more than 500,000 inhabitants;
9 (2) the Board of Education of the city, with respect to any
10of its employees who participate in this Fund;
11 (3) the Chicago Housing Authority, with respect to any of
12its employees who participate in this Fund subject to the
13provisions of Section 8-230.9;
14 (4) the Public Building Commission of the city, with
15respect to any of its employees who participate in this Fund;
16and
17 (5) the Retirement Board; .
18 (6) a charter school, with respect to any of its employees
19who participate in this Fund; and
20 (7) a contract school, with respect to any of its employees
21who participate in this Fund.
22(Source: P.A. 92-599, eff. 6-28-02.)

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1 (40 ILCS 5/8-113) (from Ch. 108 1/2, par. 8-113)
2 Sec. 8-113. Municipal employee, employee, contributor, or
3participant. "Municipal employee", "employee", "contributor",
4or "participant":
5 (a) Any employee of an employer employed in the classified
6civil service thereof other than by temporary appointment or in
7a position excluded or exempt from the classified service by
8the Civil Service Act, or in the case of a city operating under
9a personnel ordinance, any employee of an employer employed in
10the classified or career service under the provisions of a
11personnel ordinance, other than in a provisional or exempt
12position as specified in such ordinance or in rules and
13regulations formulated thereunder.
14 (b) Any employee in the service of an employer before the
15Civil Service Act came in effect for the employer.
16 (c) Any person employed by the board.
17 (d) Any person employed after December 31, 1949, but prior
18to January 1, 1984, in the service of the employer by temporary
19appointment or in a position exempt from the classified service
20as set forth in the Civil Service Act, or in a provisional or
21exempt position as specified in the personnel ordinance, who
22meets the following qualifications:
23 (1) has rendered service during not less than 12
24 calendar months to an employer as an employee, officer, or
25 official, 4 months of which must have been consecutive full
26 normal working months of service rendered immediately

HB2242- 3 -LRB101 06668 RPS 51695 b
1 prior to filing application to be included; and
2 (2) files written application with the board, while in
3 the service, to be included hereunder.
4 (e) After December 31, 1949, any alderman or other officer
5or official of the employer, who files, while in office,
6written application with the board to be included hereunder.
7 (f) Beginning January 1, 1984, any person employed by an
8employer other than the Chicago Housing Authority or the Public
9Building Commission of the city, whether or not such person is
10serving by temporary appointment or in a position exempt from
11the classified service as set forth in the Civil Service Act,
12or in a provisional or exempt position as specified in the
13personnel ordinance, provided that such person is neither (1)
14an alderman or other officer or official of the employer, nor
15(2) participating, on the basis of such employment, in any
16other pension fund or retirement system established under this
17Act.
18 (g) After December 31, 1959, any person employed in the law
19department of the city, or municipal court or Board of Election
20Commissioners of the city, who was a contributor and
21participant, on December 31, 1959, in the annuity and benefit
22fund in operation in the city on said date, by virtue of the
23Court and Law Department Employees' Annuity Act or the Board of
24Election Commissioners Employees' Annuity Act.
25 After December 31, 1959, the foregoing definition includes
26any other person employed or to be employed in the law

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1department, or municipal court (other than as a judge), or
2Board of Election Commissioners (if his salary is provided by
3appropriation of the city council of the city and his salary
4paid by the city) -- subject, however, in the case of such
5persons not participants on December 31, 1959, to compliance
6with the same qualifications and restrictions otherwise set
7forth in this Section and made generally applicable to
8employees or officers of the city concerning eligibility for
9participation or membership.
10 Notwithstanding any other provision in this Section, any
11person who first becomes employed in the law department of the
12city on or after the effective date of this amendatory Act of
13the 100th General Assembly shall be included within the
14foregoing definition, effective upon the date the person first
15becomes so employed, regardless of the nature of the
16appointment the person holds under the provisions of a
17personnel ordinance.
18 (h) After December 31, 1965, any person employed in the
19public library of the city -- and any other person -- who was a
20contributor and participant, on December 31, 1965, in the
21pension fund in operation in the city on said date, by virtue
22of the Public Library Employees' Pension Act.
23 (i) After December 31, 1968, any person employed in the
24house of correction of the city, who was a contributor and
25participant, on December 31, 1968, in the pension fund in
26operation in the city on said date, by virtue of the House of

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1Correction Employees' Pension Act.
2 (j) Any person employed full-time on or after the effective
3date of this amendatory Act of the 92nd General Assembly by the
4Chicago Housing Authority who has elected to participate in
5this Fund as provided in subsection (a) of Section 8-230.9.
6 (k) Any person employed full-time by the Public Building
7Commission of the city who has elected to participate in this
8Fund as provided in subsection (d) of Section 8-230.7.
9 (l) Any person employed by a charter school or contract
10school operating pursuant to an agreement with the Chicago
11Board of Education who is not a licensed teacher or employed in
12a position requiring certification or licensure under the
13School Code, excluding persons contributing to any other public
14employee pension system in Illinois for the same employment.
15(Source: P.A. 100-23, eff. 7-6-17.)
16 (40 ILCS 5/17-105.1)
17 Sec. 17-105.1. Employer. "Employer": The Board of
18Education, and a charter school as defined under the provisions
19of Section 27A-5 of the School Code, and a contract school
20operating pursuant to an agreement with the Board of Education.
21(Source: P.A. 90-566, eff. 1-2-98.)
22 (40 ILCS 5/17-106) (from Ch. 108 1/2, par. 17-106)
23 Sec. 17-106. Contributor, member or teacher.
24"Contributor", "member" or "teacher": All members of the

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1teaching force of the city, including principals, assistant
2principals, the general superintendent of schools, deputy
3superintendents of schools, associate superintendents of
4schools, assistant and district superintendents of schools,
5members of the Board of Examiners, all other persons whose
6employment requires a teaching certificate issued under the
7laws governing the certification of teachers, any educational,
8administrative, professional, or other staff employed in a
9contract school operating pursuant to an agreement with the
10Board of Education who is employed in a position requiring
11certification or licensure under the School Code, any
12educational, administrative, professional, or other staff
13employed in a charter school operating in compliance with the
14Charter Schools Law who is certified under the law governing
15the certification of teachers, and employees of the Board, but
16excluding persons contributing concurrently to any other
17public employee pension system in Illinois for the same
18employment or receiving retirement pensions under another
19Article of this Code for that same employment, persons employed
20on an hourly basis (provided that an Employer may not
21reclassify a non-hourly employee as an hourly employee for the
22purpose of evading or avoiding its obligations under this
23Article), and persons receiving pensions from the Fund who are
24employed temporarily by an Employer and not on an annual basis.
25 All teachers or staff regardless of their position shall
26presumptively be participants in the Fund, unless the Employer

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1establishes to the satisfaction of the Board that an individual
2certified teacher or staff member is not working as a teacher
3or administrator directly or indirectly with the Charter
4School. Any certified teacher or staff employed by a corporate
5or non-profit entity engaged in the administration of a charter
6school shall presumptively be a participant in the Fund, unless
7the organization establishes to the satisfaction of the Board
8that an individual certified teacher or staff member is not
9working as a teacher or administrator directly or indirectly
10with the Charter School.
11 In the case of a person who has been making contributions
12and otherwise participating in this Fund prior to the effective
13date of this amendatory Act of the 91st General Assembly, and
14whose right to participate in the Fund is established or
15confirmed by this amendatory Act, such prior participation in
16the Fund, including all contributions previously made and
17service credits previously earned by the person, are hereby
18validated.
19 The changes made to this Section and Section 17-149 by this
20amendatory Act of the 92nd General Assembly apply without
21regard to whether the person was in service on or after the
22effective date of this amendatory Act, notwithstanding
23Sections 1-103.1 and 17-157.
24(Source: P.A. 98-427, eff. 8-16-13.)
25 Section 90. The State Mandates Act is amended by adding

HB2242- 8 -LRB101 06668 RPS 51695 b
1Section 8.43 as follows:
2 (30 ILCS 805/8.43 new)
3 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
4of this Act, no reimbursement by the State is required for the
5implementation of any mandate created by this amendatory Act of
6the 101st General Assembly.
7 Section 99. Effective date. This Act takes effect upon
8becoming law.
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