Bill Text: IL HB3213 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Downstate Teacher Article of the Illinois Pension Code. In the definition of "teacher", removes a provision specifying that an annuitant receiving a retirement annuity under the Chicago Teacher Article who is employed by a board of education or other employer as permitted under specified provisions is not a "teacher" for purposes of the Downstate Teacher Article. Provides that the board may also require reporting requirements that are different than those specified in a provision concerning employer reporting requirements and may require different reporting requirements for different benefits or purposes established under the Article, including, but not limited to, any optional benefit plan an employee chooses to participate in. Provides that if the governing body of an employer that is not a State agency fails to forward specified required contributions within a specified period, the System shall notify the employer of an additional amount due, equal to $50 per day for each day that elapses from the due date until the day the report and employee contributions are received by the System (instead of the greater of an amount representing the interest lost by the system due to late forwarding of contributions, calculated for the number of days which the employer is late in forwarding contributions at a rate of interest prescribed by the board or $50). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2019-05-31 - Passed Both Houses [HB3213 Detail]

Download: Illinois-2019-HB3213-Enrolled.html



HB3213 EnrolledLRB101 09761 RPS 54862 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 16-106 and 16-155 as follows:
6 (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
7 Sec. 16-106. Teacher. "Teacher": The following
8individuals, provided that, for employment prior to July 1,
91990, they are employed on a full-time basis, or if not
10full-time, on a permanent and continuous basis in a position in
11which services are expected to be rendered for at least one
12school term:
13 (1) Any educational, administrative, professional or
14 other staff employed in the public common schools included
15 within this system in a position requiring certification
16 under the law governing the certification of teachers;
17 (2) Any educational, administrative, professional or
18 other staff employed in any facility of the Department of
19 Children and Family Services or the Department of Human
20 Services, in a position requiring certification under the
21 law governing the certification of teachers, and any person
22 who (i) works in such a position for the Department of
23 Corrections, (ii) was a member of this System on May 31,

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1 1987, and (iii) did not elect to become a member of the
2 State Employees' Retirement System pursuant to Section
3 14-108.2 of this Code; except that "teacher" does not
4 include any person who (A) becomes a security employee of
5 the Department of Human Services, as defined in Section
6 14-110, after June 28, 2001 (the effective date of Public
7 Act 92-14), or (B) becomes a member of the State Employees'
8 Retirement System pursuant to Section 14-108.2c of this
9 Code;
10 (3) Any regional superintendent of schools, assistant
11 regional superintendent of schools, State Superintendent
12 of Education; any person employed by the State Board of
13 Education as an executive; any executive of the boards
14 engaged in the service of public common school education in
15 school districts covered under this system of which the
16 State Superintendent of Education is an ex-officio member;
17 (4) Any employee of a school board association
18 operating in compliance with Article 23 of the School Code
19 who is certificated under the law governing the
20 certification of teachers, provided that he or she becomes
21 such an employee before the effective date of this
22 amendatory Act of the 99th General Assembly;
23 (5) Any person employed by the retirement system who:
24 (i) was an employee of and a participant in the
25 system on August 17, 2001 (the effective date of Public
26 Act 92-416), or

HB3213 Enrolled- 3 -LRB101 09761 RPS 54862 b
1 (ii) becomes an employee of the system on or after
2 August 17, 2001;
3 (6) Any educational, administrative, professional or
4 other staff employed by and under the supervision and
5 control of a regional superintendent of schools, provided
6 such employment position requires the person to be
7 certificated under the law governing the certification of
8 teachers and is in an educational program serving 2 or more
9 districts in accordance with a joint agreement authorized
10 by the School Code or by federal legislation;
11 (7) Any educational, administrative, professional or
12 other staff employed in an educational program serving 2 or
13 more school districts in accordance with a joint agreement
14 authorized by the School Code or by federal legislation and
15 in a position requiring certification under the laws
16 governing the certification of teachers;
17 (8) Any officer or employee of a statewide teacher
18 organization or officer of a national teacher organization
19 who is certified under the law governing certification of
20 teachers, provided: (i) the individual had previously
21 established creditable service under this Article, (ii)
22 the individual files with the system an irrevocable
23 election to become a member before the effective date of
24 this amendatory Act of the 97th General Assembly, (iii) the
25 individual does not receive credit for such service under
26 any other Article of this Code, and (iv) the individual

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1 first became an officer or employee of the teacher
2 organization and becomes a member before the effective date
3 of this amendatory Act of the 97th General Assembly;
4 (9) Any educational, administrative, professional, or
5 other staff employed in a charter school operating in
6 compliance with the Charter Schools Law who is certificated
7 under the law governing the certification of teachers;
8 (10) Any person employed, on the effective date of this
9 amendatory Act of the 94th General Assembly, by the
10 Macon-Piatt Regional Office of Education in a
11 birth-through-age-three pilot program receiving funds
12 under Section 2-389 of the School Code who is required by
13 the Macon-Piatt Regional Office of Education to hold a
14 teaching certificate, provided that the Macon-Piatt
15 Regional Office of Education makes an election, within 6
16 months after the effective date of this amendatory Act of
17 the 94th General Assembly, to have the person participate
18 in the system. Any service established prior to the
19 effective date of this amendatory Act of the 94th General
20 Assembly for service as an employee of the Macon-Piatt
21 Regional Office of Education in a birth-through-age-three
22 pilot program receiving funds under Section 2-389 of the
23 School Code shall be considered service as a teacher if
24 employee and employer contributions have been received by
25 the system and the system has not refunded those
26 contributions.

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1 An annuitant receiving a retirement annuity under this
2Article or under Article 17 of this Code who is employed by a
3board of education or other employer as permitted under Section
416-118 or 16-150.1 is not a "teacher" for purposes of this
5Article. A person who has received a single-sum retirement
6benefit under Section 16-136.4 of this Article is not a
7"teacher" for purposes of this Article. For purposes of this
8Article, "teacher" does not include a person employed by an
9entity that provides substitute teaching services under
10Section 2-3.173 of the School Code and is not a school
11district.
12(Source: P.A. 99-830, eff. 1-1-17; 100-813, eff. 8-13-18.)
13 (40 ILCS 5/16-155) (from Ch. 108 1/2, par. 16-155)
14 Sec. 16-155. Report to system and payment of deductions.
15 (a) The governing body of each school district shall make
16two deposits each month. The deposit for member contributions
17for salary paid between the first and the fifteenth of the
18month is due by the 25th of the month. The deposit of member
19contributions for salary paid between the sixteenth and last
20day of the month is due by the 10th of the following month. All
21required contributions for salary earned during a school term
22are due by July 10 next following the close of such school
23term.
24 The governing body of each State institution coming under
25this retirement system, the State Comptroller or other State

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1officer certifying payroll vouchers including payments of
2salary or wages to teachers, and any other employer of
3teachers, shall, monthly, forward to the secretary of the
4retirement system the member contributions required under this
5Article.
6 Each employer specified above shall, prior to August 15 of
7each year, forward to the System a detailed statement, verified
8in all cases of school districts by the secretary or clerk of
9the district, of the amounts so contributed since the period
10covered by the last previous annual statement, together with
11required contributions not yet forwarded, such payments being
12payable to the System.
13 The board may prescribe rules governing the form, content,
14investigation, control, and supervision of such statements and
15may establish additional interim employer reporting
16requirements as the Board deems necessary. If no teacher in a
17school district comes under the provisions of this Article, the
18governing body of the district shall so state under the oath of
19its secretary to this system, and shall at the same time
20forward a copy of the statement to the regional superintendent
21of schools.
22 The board may also require reporting requirements that are
23different than those prescribed in this Section and may require
24different reporting requirements for different benefits or
25purposes established under this Article, including, but not
26limited to, any optional benefit plan an employee chooses to

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1participate in.
2 (b) If the governing body of an employer that is not a
3State agency fails to forward such required contributions
4within the time permitted in subsection (a) above, the System
5shall notify the employer of an additional amount due, equal to
6the greater of the following: (1) an amount representing the
7interest lost by the system due to late forwarding of
8contributions, calculated for the number of days which the
9employer is late in forwarding contributions at a rate of
10interest prescribed by the board, based on its investment
11experience; or (2) $50 per day for each day that elapses from
12the due date until the day such report and employee
13contributions are received by the System.
14 (c) If the system, on August 15, is not in receipt of the
15detailed statements required under this Section of any school
16district or other employing unit, such school district or other
17employing unit shall pay to the system an amount equal to $250
18for each day that elapses from August 15, until the day such
19statement is filed with the system.
20(Source: P.A. 99-450, eff. 8-24-15.)
21 Section 90. The State Mandates Act is amended by adding
22Section 8.43 as follows:
23 (30 ILCS 805/8.43 new)
24 Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8

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1of this Act, no reimbursement by the State is required for the
2implementation of any mandate created by this amendatory Act of
3the 101st General Assembly.
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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