Bill Text: IL HB2968 | 2019-2020 | 101st General Assembly | Engrossed
Bill Title: Amends the Chicago Teacher Article of the Illinois Pension Code. For school years beginning on or after July 1, 2019, increases to 120 days (instead of 100 days) the amount of days a service retirement pensioner who is re-employed as a teacher may work without having his or her pension cancelled. Makes conforming changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-12 - Rule 19(a) / Re-referred to Rules Committee [HB2968 Detail]
Download: Illinois-2019-HB2968-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,
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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 17-149 as follows:
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6 | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
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7 | Sec. 17-149. Cancellation of pensions.
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8 | (a) If any person receiving a disability retirement
pension | ||||||
9 | from the Fund is re-employed as a teacher by an Employer, the | ||||||
10 | pension
shall be cancelled on the date the re-employment | ||||||
11 | begins, or on the first day of
a payroll period for which | ||||||
12 | service credit was validated, whichever is earlier.
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13 | (b) If any person receiving a service retirement pension | ||||||
14 | from the Fund
is re-employed as a teacher on a permanent or | ||||||
15 | annual basis by an Employer,
the pension shall be cancelled on | ||||||
16 | the date the re-employment begins, or on
the first day of a | ||||||
17 | payroll period for which service credit was validated,
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18 | whichever is earlier. However, subject to the limitations and | ||||||
19 | requirements of subsection (c-5), the pension shall not be | ||||||
20 | cancelled
in the case of a service retirement pensioner who is
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21 | re-employed on a temporary and non-annual basis or on an hourly | ||||||
22 | basis.
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23 | (c) If the date of re-employment on a permanent or annual |
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1 | basis
occurs within 5 school months after the date of previous | ||||||
2 | retirement, exclusive
of any vacation period, the member shall | ||||||
3 | be deemed to have been out of service
only temporarily and not | ||||||
4 | permanently retired. Such person shall be entitled
to pension | ||||||
5 | payments for the time he could have been employed as a teacher | ||||||
6 | and
received salary, but shall not be entitled to pension for | ||||||
7 | or during the summer
vacation prior to his return to service.
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8 | When the member again retires on pension, the time of | ||||||
9 | service and the
money contributed by him during re-employment | ||||||
10 | shall be added to the time
and money previously credited. Such | ||||||
11 | person must acquire 3 consecutive years
of additional | ||||||
12 | contributing service before he may retire again on a pension
at | ||||||
13 | a rate and under conditions other than those in force or | ||||||
14 | attained at the
time of his previous retirement.
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15 | (c-5) For school years beginning on or after July 1, 2019, | ||||||
16 | the service retirement pension shall not be cancelled in the | ||||||
17 | case of a service retirement pensioner who is re-employed as a | ||||||
18 | teacher on a temporary and non-annual basis or on an hourly | ||||||
19 | basis, so long as the person (1) does not work as a teacher for | ||||||
20 | compensation on more than 120 days in a school year or (2) does | ||||||
21 | not accept gross compensation for the re-employment in a school | ||||||
22 | year in excess of (i) $30,000 or (ii) in the case of a person | ||||||
23 | who retires with at least 5 years of service as a principal, an | ||||||
24 | amount that is equal to the daily rate normally paid to retired | ||||||
25 | principals multiplied by 100. These limitations apply only to | ||||||
26 | school years that begin on or after July 1, 2019. Such |
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1 | re-employment does not require contributions, result in | ||||||
2 | service credit, or constitute active membership in the Fund. | ||||||
3 | The service retirement pension shall not be cancelled
in | ||||||
4 | the case of a service retirement pensioner who is
re-employed | ||||||
5 | as a teacher on a temporary and non-annual basis or on an | ||||||
6 | hourly basis, so long as the person (1) does not work as a | ||||||
7 | teacher for compensation on more than 100 days in a school year | ||||||
8 | or (2) does not accept gross compensation for the re-employment | ||||||
9 | in a school year in excess of (i) $30,000 or (ii) in the case of | ||||||
10 | a person who retires with at least 5 years of service as a | ||||||
11 | principal, an amount that is equal to the daily rate normally | ||||||
12 | paid to retired principals multiplied by 100. These limitations | ||||||
13 | apply only to school years that begin on or after August 8, | ||||||
14 | 2012 (the effective date of Public Act 97-912) and before July | ||||||
15 | 1, 2019 . Such re-employment does not require contributions, | ||||||
16 | result in service credit, or constitute active membership in | ||||||
17 | the Fund. | ||||||
18 | Notwithstanding the 120-day 100-day limit set forth in item | ||||||
19 | (1) of this subsection (c-5), the service retirement pension | ||||||
20 | shall not be cancelled in the case of a service retirement | ||||||
21 | pensioner who teaches only driver education courses after | ||||||
22 | regular school hours and does not teach any other subject area, | ||||||
23 | so long as the person does not work as a teacher for | ||||||
24 | compensation for more than 900 hours in a school year. The | ||||||
25 | $30,000 limit set forth in subitem (i) of item (2) of this | ||||||
26 | subsection (c-5) shall apply to a service retirement pensioner |
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1 | who teaches only driver education courses after regular school | ||||||
2 | hours and does not teach any other subject area. | ||||||
3 | To be eligible for such re-employment without cancellation | ||||||
4 | of pension, the pensioner must notify the Fund and the Board of | ||||||
5 | Education of his or her intention to accept re-employment under | ||||||
6 | this subsection (c-5) before beginning that re-employment (or | ||||||
7 | if the re-employment began before the effective date of this | ||||||
8 | amendatory Act, then within 30 days after that effective date). | ||||||
9 | An Employer must certify to the Fund the temporary and | ||||||
10 | non-annual or hourly status and the compensation of each | ||||||
11 | pensioner re-employed under this subsection at least | ||||||
12 | quarterly, and when the pensioner is approaching the earnings | ||||||
13 | limitation under this subsection. | ||||||
14 | If the pensioner works more than 100 days or accepts excess | ||||||
15 | gross compensation for such re-employment in any school year | ||||||
16 | that begins on or after August 8, 2012 (the effective date of | ||||||
17 | Public Act 97-912), the service retirement pension shall | ||||||
18 | thereupon be cancelled. | ||||||
19 | If the pensioner who only teaches drivers education courses | ||||||
20 | after regular school hours works more than 900 hours or accepts | ||||||
21 | excess gross compensation for such re-employment in any school | ||||||
22 | year that begins on or after the effective date of this | ||||||
23 | amendatory Act of the 99th General Assembly, the service | ||||||
24 | retirement pension shall thereupon be cancelled. | ||||||
25 | If the pensioner works more than 120 days or accepts excess | ||||||
26 | gross compensation for such re-employment in any school year |
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1 | that begins on or after July 1, 2019, the service retirement | ||||||
2 | pension shall thereupon be cancelled. | ||||||
3 | The Board of the Fund shall adopt rules for the | ||||||
4 | implementation and administration of this subsection. | ||||||
5 | (d) Notwithstanding Sections 1-103.1 and 17-157, the | ||||||
6 | changes to this
Section made by Public Act 90-32
apply without | ||||||
7 | regard to whether termination of service occurred before the
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8 | effective date of that Act and apply
retroactively to August | ||||||
9 | 23, 1989.
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10 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
11 | to this Section
and Section 17-106 made by Public Act 92-599
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12 | apply without regard to whether termination of service occurred | ||||||
13 | before the
effective date of that Act.
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14 | Notwithstanding Sections 1-103.1 and 17-157, the changes | ||||||
15 | to this Section
made by this amendatory Act of the 97th General | ||||||
16 | Assembly
apply without regard to whether termination of service | ||||||
17 | occurred before the
effective date of this amendatory Act. | ||||||
18 | (Source: P.A. 99-176, eff. 7-29-15; 99-786, eff. 8-12-16.)
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19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law.
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