Bill Text: IL HB3858 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that beginning on the effective date of the amendatory Act, a substitute teacher is not required, as a condition of employment or otherwise, to participate in the System. Provides that an active substitute teacher may terminate his or her membership in the System (including the ability to contribute or have contributions made to a defined contribution account, if applicable) by notifying the System in writing. Provides that an active substitute teacher terminating his or her membership in the System shall be entitled to a refund of his or her contributions (other than contributions to a defined contribution account) minus the benefits received prior to the termination of membership. Amends the State Mandates Act to require implementation without reimbursement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-10-17 - Referred to Rules Committee [HB3858 Detail]

Download: Illinois-2019-HB3858-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3858 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
40 ILCS 5/16-123 from Ch. 108 1/2, par. 16-123
30 ILCS 805/8.43 new
Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that beginning on the effective date of the amendatory Act, a substitute teacher is not required, as a condition of employment or otherwise, to participate in the System. Provides that an active substitute teacher may terminate his or her membership in the System (including the ability to contribute or have contributions made to a defined contribution account, if applicable) by notifying the System in writing. Provides that an active substitute teacher terminating his or her membership in the System shall be entitled to a refund of his or her contributions (other than contributions to a defined contribution account) minus the benefits received prior to the termination of membership. Amends the State Mandates Act to require implementation without reimbursement.
LRB101 13308 RPS 62150 b
FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB3858 LRB101 13308 RPS 62150 b
AN ACT concerning public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Section 16-123 as follows:
(40 ILCS 5/16-123) (from Ch. 108 1/2, par. 16-123)
Sec. 16-123. Membership of System.
(a) Except as provided in subsection (c), the The
membership of this System shall be composed of all teachers
employed after June 30, 1939 who become members as a condition
of employment on the date they become teachers. Membership
shall continue until the date a member becomes an annuitant,
dies, accepts a single-sum retirement benefit, accepts a
refund, or forfeits the rights to a refund.
(b) This Article does not apply to any person first
employed after June 30, 1979 as a public service employment
program participant under the Federal Comprehensive Employment
and Training Act and whose wages or fringe benefits are paid in
whole or in part by funds provided under such Act.
(c) Notwithstanding any other provision of this Article,
beginning on the effective date of this amendatory Act of the
101st General Assembly, a substitute teacher is not required,
as a condition of employment or otherwise, to participate in

HB3858 - 2 - LRB101 13308 RPS 62150 b
this System. An active substitute teacher may terminate his or
her membership in this System (including the ability to
contribute or have contributions made to a defined contribution
account, if applicable) by notifying the System in writing. An
active substitute teacher terminating his or her membership in
this System under this subsection shall be entitled to a refund
of his or her contributions (other than contributions to a
defined contribution account) minus the benefits received
prior to the termination of membership.
(Source: P.A. 87-11.)
Section 90. The State Mandates Act is amended by adding
Section 8.43 as follows:
(30 ILCS 805/8.43 new)
Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.