Bill Text: IL HB4459 | 2021-2022 | 102nd General Assembly | Engrossed


Bill Title: Amends the Illinois Municipal Retirement Fund (IMRF) of the Illinois Pension Code. In a provision of the IMRF Article concerning service credit for accumulated unused sick leave, provides that if the employee was in the service of more than one employer or regional office of education (instead of more than one employer), then sick leave days from all such employers shall be credited. Amends the School Code. Provides that beginning July 1, 2022, all regional superintendents of schools shall receive the same salary regardless of the population of the region they serve. Provides that the salary for all regional superintendents shall be equal to the highest annual salary tier. Makes a change concerning the posting of information on the institute fund. Repeals a provision of the Code that prohibits regional superintendents from practicing or from holding themselves out as practicing any other profession. Amends the School Construction Law. Authorizes the State Board of Education to make school maintenance project grants to regional offices of education and intermediate service centers. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 6-2)

Status: (Engrossed - Dead) 2022-09-22 - Added as Alternate Chief Co-Sponsor Sen. Neil Anderson [HB4459 Detail]

Download: Illinois-2021-HB4459-Engrossed.html



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1 AN ACT concerning education.
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
5changing Section 7-139 as follows:
6 (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
7 Sec. 7-139. Credits and creditable service to employees.
8 (a) Each participating employee shall be granted credits
9and creditable service, for purposes of determining the amount
10of any annuity or benefit to which he or a beneficiary is
11entitled, as follows:
12 1. For prior service: Each participating employee who
13 is an employee of a participating municipality or
14 participating instrumentality on the effective date shall
15 be granted creditable service, but no credits under
16 paragraph 2 of this subsection (a), for periods of prior
17 service for which credit has not been received under any
18 other pension fund or retirement system established under
19 this Code, as follows:
20 If the effective date of participation for the
21 participating municipality or participating
22 instrumentality is on or before January 1, 1998,
23 creditable service shall be granted for the entire period

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1 of prior service with that employer without any employee
2 contribution.
3 If the effective date of participation for the
4 participating municipality or participating
5 instrumentality is after January 1, 1998, creditable
6 service shall be granted for the last 20% of the period of
7 prior service with that employer, but no more than 5
8 years, without any employee contribution. A participating
9 employee may establish creditable service for the
10 remainder of the period of prior service with that
11 employer by making an application in writing, accompanied
12 by payment of an employee contribution in an amount
13 determined by the Fund, based on the employee contribution
14 rates in effect at the time of application for the
15 creditable service and the employee's salary rate on the
16 effective date of participation for that employer, plus
17 interest at the effective rate from the date of the prior
18 service to the date of payment. Application for this
19 creditable service may be made at any time while the
20 employee is still in service.
21 A municipality that (i) has at least 35 employees;
22 (ii) is located in a county with at least 2,000,000
23 inhabitants; and (iii) maintains an independent defined
24 benefit pension plan for the benefit of its eligible
25 employees may restrict creditable service in whole or in
26 part for periods of prior service with the employer if the

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1 governing body of the municipality adopts an irrevocable
2 resolution to restrict that creditable service and files
3 the resolution with the board before the municipality's
4 effective date of participation.
5 Any person who has withdrawn from the service of a
6 participating municipality or participating
7 instrumentality prior to the effective date, who reenters
8 the service of the same municipality or participating
9 instrumentality after the effective date and becomes a
10 participating employee is entitled to creditable service
11 for prior service as otherwise provided in this
12 subdivision (a)(1) only if he or she renders 2 years of
13 service as a participating employee after the effective
14 date. Application for such service must be made while in a
15 participating status. The salary rate to be used in the
16 calculation of the required employee contribution, if any,
17 shall be the employee's salary rate at the time of first
18 reentering service with the employer after the employer's
19 effective date of participation.
20 2. For current service, each participating employee
21 shall be credited with:
22 a. Additional credits of amounts equal to each
23 payment of additional contributions received from him
24 under Section 7-173, as of the date the corresponding
25 payment of earnings is payable to him.
26 b. Normal credits of amounts equal to each payment

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1 of normal contributions received from him, as of the
2 date the corresponding payment of earnings is payable
3 to him, and normal contributions made for the purpose
4 of establishing out-of-state service credits as
5 permitted under the conditions set forth in paragraph
6 6 of this subsection (a).
7 c. Municipality credits in an amount equal to 1.4
8 times the normal credits, except those established by
9 out-of-state service credits, as of the date of
10 computation of any benefit if these credits would
11 increase the benefit.
12 d. Survivor credits equal to each payment of
13 survivor contributions received from the participating
14 employee as of the date the corresponding payment of
15 earnings is payable, and survivor contributions made
16 for the purpose of establishing out-of-state service
17 credits.
18 3. For periods of temporary and total and permanent
19 disability benefits, each employee receiving disability
20 benefits shall be granted creditable service for the
21 period during which disability benefits are payable.
22 Normal and survivor credits, based upon the rate of
23 earnings applied for disability benefits, shall also be
24 granted if such credits would result in a higher benefit
25 to any such employee or his beneficiary.
26 4. For authorized leave of absence without pay: A

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1 participating employee shall be granted credits and
2 creditable service for periods of authorized leave of
3 absence without pay under the following conditions:
4 a. An application for credits and creditable
5 service is submitted to the board while the employee
6 is in a status of active employment.
7 b. Not more than 12 complete months of creditable
8 service for authorized leave of absence without pay
9 shall be counted for purposes of determining any
10 benefits payable under this Article.
11 c. Credits and creditable service shall be granted
12 for leave of absence only if such leave is approved by
13 the governing body of the municipality, including
14 approval of the estimated cost thereof to the
15 municipality as determined by the fund, and employee
16 contributions, plus interest at the effective rate
17 applicable for each year from the end of the period of
18 leave to date of payment, have been paid to the fund in
19 accordance with Section 7-173. The contributions shall
20 be computed upon the assumption earnings continued
21 during the period of leave at the rate in effect when
22 the leave began.
23 d. Benefits under the provisions of Sections
24 7-141, 7-146, 7-150 and 7-163 shall become payable to
25 employees on authorized leave of absence, or their
26 designated beneficiary, only if such leave of absence

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1 is creditable hereunder, and if the employee has at
2 least one year of creditable service other than the
3 service granted for leave of absence. Any employee
4 contributions due may be deducted from any benefits
5 payable.
6 e. No credits or creditable service shall be
7 allowed for leave of absence without pay during any
8 period of prior service.
9 5. For military service: The governing body of a
10 municipality or participating instrumentality may elect to
11 allow creditable service to participating employees who
12 leave their employment to serve in the armed forces of the
13 United States for all periods of such service, provided
14 that the person returns to active employment within 90
15 days after completion of full time active duty, but no
16 creditable service shall be allowed such person for any
17 period that can be used in the computation of a pension or
18 any other pay or benefit, other than pay for active duty,
19 for service in any branch of the armed forces of the United
20 States. If necessary to the computation of any benefit,
21 the board shall establish municipality credits for
22 participating employees under this paragraph on the
23 assumption that the employee received earnings at the rate
24 received at the time he left the employment to enter the
25 armed forces. A participating employee in the armed forces
26 shall not be considered an employee during such period of

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1 service and no additional death and no disability benefits
2 are payable for death or disability during such period.
3 Any participating employee who left his employment
4 with a municipality or participating instrumentality to
5 serve in the armed forces of the United States and who
6 again became a participating employee within 90 days after
7 completion of full time active duty by entering the
8 service of a different municipality or participating
9 instrumentality, which has elected to allow creditable
10 service for periods of military service under the
11 preceding paragraph, shall also be allowed creditable
12 service for his period of military service on the same
13 terms that would apply if he had been employed, before
14 entering military service, by the municipality or
15 instrumentality which employed him after he left the
16 military service and the employer costs arising in
17 relation to such grant of creditable service shall be
18 charged to and paid by that municipality or
19 instrumentality.
20 Notwithstanding the foregoing, any participating
21 employee shall be entitled to creditable service as
22 required by any federal law relating to re-employment
23 rights of persons who served in the United States Armed
24 Services. Such creditable service shall be granted upon
25 payment by the member of an amount equal to the employee
26 contributions which would have been required had the

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1 employee continued in service at the same rate of earnings
2 during the military leave period, plus interest at the
3 effective rate.
4 5.1. In addition to any creditable service established
5 under paragraph 5 of this subsection (a), creditable
6 service may be granted for up to 48 months of service in
7 the armed forces of the United States.
8 In order to receive creditable service for military
9 service under this paragraph 5.1, a participating employee
10 must (1) apply to the Fund in writing and provide evidence
11 of the military service that is satisfactory to the Board;
12 (2) obtain the written approval of the current employer;
13 and (3) make contributions to the Fund equal to (i) the
14 employee contributions that would have been required had
15 the service been rendered as a member, plus (ii) an amount
16 determined by the board to be equal to the employer's
17 normal cost of the benefits accrued for that military
18 service, plus (iii) interest on items (i) and (ii) from
19 the date of first membership in the Fund to the date of
20 payment. The required interest shall be calculated at the
21 regular interest rate.
22 The changes made to this paragraph 5.1 by Public Acts
23 95-483 and 95-486 apply only to participating employees in
24 service on or after August 28, 2007 (the effective date of
25 those Public Acts).
26 6. For out-of-state service: Creditable service shall

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1 be granted for service rendered to an out-of-state local
2 governmental body under the following conditions: The
3 employee had participated and has irrevocably forfeited
4 all rights to benefits in the out-of-state public
5 employees pension system; the governing body of his
6 participating municipality or instrumentality authorizes
7 the employee to establish such service; the employee has 2
8 years current service with this municipality or
9 participating instrumentality; the employee makes a
10 payment of contributions, which shall be computed at 8%
11 (normal) plus 2% (survivor) times length of service
12 purchased times the average rate of earnings for the first
13 2 years of service with the municipality or participating
14 instrumentality whose governing body authorizes the
15 service established plus interest at the effective rate on
16 the date such credits are established, payable from the
17 date the employee completes the required 2 years of
18 current service to date of payment. In no case shall more
19 than 120 months of creditable service be granted under
20 this provision.
21 7. For retroactive service: Any employee who could
22 have but did not elect to become a participating employee,
23 or who should have been a participant in the Municipal
24 Public Utilities Annuity and Benefit Fund before that fund
25 was superseded, may receive creditable service for the
26 period of service not to exceed 50 months; however, a

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1 current or former elected or appointed official of a
2 participating municipality may establish credit under this
3 paragraph 7 for more than 50 months of service as an
4 official of that municipality, if the excess over 50
5 months is approved by resolution of the governing body of
6 the affected municipality filed with the Fund before
7 January 1, 2002.
8 Any employee who is a participating employee on or
9 after September 24, 1981 and who was excluded from
10 participation by the age restrictions removed by Public
11 Act 82-596 may receive creditable service for the period,
12 on or after January 1, 1979, excluded by the age
13 restriction and, in addition, if the governing body of the
14 participating municipality or participating
15 instrumentality elects to allow creditable service for all
16 employees excluded by the age restriction prior to January
17 1, 1979, for service during the period prior to that date
18 excluded by the age restriction. Any employee who was
19 excluded from participation by the age restriction removed
20 by Public Act 82-596 and who is not a participating
21 employee on or after September 24, 1981 may receive
22 creditable service for service after January 1, 1979.
23 Creditable service under this paragraph shall be granted
24 upon payment of the employee contributions which would
25 have been required had he participated, with interest at
26 the effective rate for each year from the end of the period

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1 of service established to date of payment.
2 8. For accumulated unused sick leave: A participating
3 employee who is applying for a retirement annuity shall be
4 entitled to creditable service for that portion of the
5 employee's accumulated unused sick leave for which payment
6 is not received, as follows:
7 a. Sick leave days shall be limited to those
8 accumulated under a sick leave plan established by a
9 participating municipality or participating
10 instrumentality which is available to all employees or
11 a class of employees.
12 b. Except as provided in item b-1, only sick leave
13 days accumulated with a participating municipality or
14 participating instrumentality with which the employee
15 was in service within 60 days of the effective date of
16 his retirement annuity shall be credited; If the
17 employee was in service with more than one employer
18 during this period only the sick leave days with the
19 employer with which the employee has the greatest
20 number of unpaid sick leave days shall be considered.
21 b-1. If the employee was in the service of more
22 than one employer as defined in item (2) of paragraph
23 (a) of subsection (A) of Section 7-132 or regional
24 office of education, then the sick leave days from all
25 such employers shall be credited, as long as the
26 creditable service attributed to those sick leave days

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1 does not exceed the limitation in item d of this
2 paragraph 8. If the employee was in the service of more
3 than one employer described in paragraph (c) of
4 subsection (B) of Section 7-132 on or after the
5 effective date of this amendatory Act of the 101st
6 General Assembly, then the sick leave days from all
7 such employers, except for employers from which the
8 employee terminated service before the effective date
9 of this amendatory Act of the 101st General Assembly,
10 shall be credited, as long as the creditable service
11 attributed to those sick leave days does not exceed
12 the limitation in item d of this paragraph 8. In
13 calculating the creditable service under this item
14 b-1, the sick leave days from the last employer shall
15 be considered first, then the remaining sick leave
16 days shall be considered until there are no more days
17 or the maximum creditable sick leave threshold under
18 item d of this paragraph 8 has been reached.
19 c. The creditable service granted shall be
20 considered solely for the purpose of computing the
21 amount of the retirement annuity and shall not be used
22 to establish any minimum service period required by
23 any provision of the Illinois Pension Code, the
24 effective date of the retirement annuity, or the final
25 rate of earnings.
26 d. The creditable service shall be at the rate of

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1 1/20 of a month for each full sick day, provided that
2 no more than 12 months may be credited under this
3 subdivision 8.
4 e. Employee contributions shall not be required
5 for creditable service under this subdivision 8.
6 f. Each participating municipality and
7 participating instrumentality with which an employee
8 has service within 60 days of the effective date of his
9 retirement annuity shall certify to the board the
10 number of accumulated unpaid sick leave days credited
11 to the employee at the time of termination of service.
12 9. For service transferred from another system:
13 Credits and creditable service shall be granted for
14 service under Article 4, 5, 8, 14, or 16 of this Act, to
15 any active member of this Fund, and to any inactive member
16 who has been a county sheriff, upon transfer of such
17 credits pursuant to Section 4-108.3, 5-235, 8-226.7,
18 14-105.6, or 16-131.4, and payment by the member of the
19 amount by which (1) the employer and employee
20 contributions that would have been required if he had
21 participated in this Fund as a sheriff's law enforcement
22 employee during the period for which credit is being
23 transferred, plus interest thereon at the effective rate
24 for each year, compounded annually, from the date of
25 termination of the service for which credit is being
26 transferred to the date of payment, exceeds (2) the amount

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1 actually transferred to the Fund. Such transferred service
2 shall be deemed to be service as a sheriff's law
3 enforcement employee for the purposes of Section 7-142.1.
4 10. (Blank).
5 11. For service transferred from an Article 3 system
6 under Section 3-110.3: Credits and creditable service
7 shall be granted for service under Article 3 of this Act as
8 provided in Section 3-110.3, to any active member of this
9 Fund, upon transfer of such credits pursuant to Section
10 3-110.3. If the board determines that the amount
11 transferred is less than the true cost to the Fund of
12 allowing that creditable service to be established, then
13 in order to establish that creditable service, the member
14 must pay to the Fund an additional contribution equal to
15 the difference, as determined by the board in accordance
16 with the rules and procedures adopted under this
17 paragraph. If the member does not make the full additional
18 payment as required by this paragraph prior to termination
19 of his participation with that employer, then his or her
20 creditable service shall be reduced by an amount equal to
21 the difference between the amount transferred under
22 Section 3-110.3, including any payments made by the member
23 under this paragraph prior to termination, and the true
24 cost to the Fund of allowing that creditable service to be
25 established, as determined by the board in accordance with
26 the rules and procedures adopted under this paragraph.

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1 The board shall establish by rule the manner of making
2 the calculation required under this paragraph 11, taking
3 into account the appropriate actuarial assumptions; the
4 member's service, age, and salary history, and any other
5 factors that the board determines to be relevant.
6 12. For omitted service: Any employee who was employed
7 by a participating employer in a position that required
8 participation, but who was not enrolled in the Fund, may
9 establish such credits under the following conditions:
10 a. Application for such credits is received by the
11 Board while the employee is an active participant of
12 the Fund or a reciprocal retirement system.
13 b. Eligibility for participation and earnings are
14 verified by the Authorized Agent of the participating
15 employer for which the service was rendered.
16 Creditable service under this paragraph shall be
17 granted upon payment of the employee contributions that
18 would have been required had he participated, which shall
19 be calculated by the Fund using the member contribution
20 rate in effect during the period that the service was
21 rendered.
22 (b) Creditable service - amount:
23 1. One month of creditable service shall be allowed
24 for each month for which a participating employee made
25 contributions as required under Section 7-173, or for
26 which creditable service is otherwise granted hereunder.

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1 Not more than 1 month of service shall be credited and
2 counted for 1 calendar month, and not more than 1 year of
3 service shall be credited and counted for any calendar
4 year. A calendar month means a nominal month beginning on
5 the first day thereof, and a calendar year means a year
6 beginning January 1 and ending December 31.
7 2. A seasonal employee shall be given 12 months of
8 creditable service if he renders the number of months of
9 service normally required by the position in a 12-month
10 period and he remains in service for the entire 12-month
11 period. Otherwise a fractional year of service in the
12 number of months of service rendered shall be credited.
13 3. An intermittent employee shall be given creditable
14 service for only those months in which a contribution is
15 made under Section 7-173.
16 (c) No application for correction of credits or creditable
17service shall be considered unless the board receives an
18application for correction while (1) the applicant is a
19participating employee and in active employment with a
20participating municipality or instrumentality, or (2) while
21the applicant is actively participating in a pension fund or
22retirement system which is a participating system under the
23Retirement Systems Reciprocal Act. A participating employee or
24other applicant shall not be entitled to credits or creditable
25service unless the required employee contributions are made in
26a lump sum or in installments made in accordance with board

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1rule. Payments made to establish service credit under
2paragraph 1, 4, 5, 5.1, 6, 7, or 12 of subsection (a) of this
3Section must be received by the Board while the applicant is an
4active participant in the Fund or a reciprocal retirement
5system, except that an applicant may make one payment after
6termination of active participation in the Fund or a
7reciprocal retirement system.
8 (d) Upon the granting of a retirement, surviving spouse or
9child annuity, a death benefit or a separation benefit, on
10account of any employee, all individual accumulated credits
11shall thereupon terminate. Upon the withdrawal of additional
12contributions, the credits applicable thereto shall thereupon
13terminate. Terminated credits shall not be applied to increase
14the benefits any remaining employee would otherwise receive
15under this Article.
16(Source: P.A. 100-148, eff. 8-18-17; 101-492, eff. 8-23-19.)
17 Section 10. The School Code is amended by changing
18Sections 3-2.5 and 3-12 as follows:
19 (105 ILCS 5/3-2.5)
20 Sec. 3-2.5. Salaries.
21 (a) Except as otherwise provided in this Section, the
22regional superintendents of schools shall receive for their
23services an annual salary according to the population, as
24determined by the last preceding federal census, of the region

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1they serve, as set out in the following schedule:
2SALARIES OF REGIONAL SUPERINTENDENTS OF
3SCHOOLS
4 POPULATION OF REGION ANNUAL SALARY
5 61,000 to 99,999 $78,000
6 100,000 to 999,999 $81,500
7 1,000,000 and over $83,500
8 Beginning July 1, 2022, all regional superintendents of
9schools shall receive the same salary regardless of the
10population of the region they serve. The salary shall be equal
11to the middle annual salary tier.
12 The changes made by Public Act 86-98 in the annual salary
13that the regional superintendents of schools shall receive for
14their services shall apply to the annual salary received by
15the regional superintendents of schools during each of their
16elected terms of office that commence after July 26, 1989 and
17before the first Monday of August, 1995.
18 The changes made by Public Act 89-225 in the annual salary
19that regional superintendents of schools shall receive for
20their services shall apply to the annual salary received by
21the regional superintendents of schools during their elected
22terms of office that commence after August 4, 1995 and end on
23August 1, 1999.
24 The changes made by this amendatory Act of the 91st
25General Assembly in the annual salary that the regional
26superintendents of schools shall receive for their services

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1shall apply to the annual salary received by the regional
2superintendents of schools during each of their elected terms
3of office that commence on or after August 2, 1999.
4 Beginning July 1, 2000, the salary that the regional
5superintendent of schools receives for his or her services
6shall be adjusted annually to reflect the percentage increase,
7if any, in the most recent Consumer Price Index, as defined and
8officially reported by the United States Department of Labor,
9Bureau of Labor Statistics, except that no annual increment
10may exceed 2.9%. If the percentage of change in the Consumer
11Price Index is a percentage decrease, the salary that the
12regional superintendent of schools receives shall not be
13adjusted for that year.
14 When regional superintendents are authorized by the School
15Code to appoint assistant regional superintendents, the
16assistant regional superintendent shall receive an annual
17salary based on his or her qualifications and computed as a
18percentage of the salary of the regional superintendent to
19whom he or she is assistant, as set out in the following
20schedule:
21SALARIES OF ASSISTANT REGIONAL
22SUPERINTENDENTS
23 QUALIFICATIONS OF PERCENTAGE OF SALARY
24 ASSISTANT REGIONAL OF REGIONAL
25 SUPERINTENDENT SUPERINTENDENT
26 Bachelor's degree plus

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1 State license valid
2 for supervising. 75%
3 Master's degree plus
4 State license valid
5 for supervising. 90%
6 However, in any region in which the appointment of more
7than one assistant regional superintendent is authorized,
8whether by Section 3-15.10 of this Code or otherwise, not more
9than one assistant may be compensated at the 90% rate and any
10other assistant shall be paid at not exceeding the 75% rate, in
11each case depending on the qualifications of the assistant.
12 The salaries provided in this Section plus an amount for
13other employment-related compensation or benefits for regional
14superintendents and assistant regional superintendents are
15payable monthly by the State Board of Education out of the
16Personal Property Tax Replacement Fund through a specific
17appropriation to that effect in the State Board of Education
18budget. The State Comptroller in making his or her warrant to
19any county for the amount due it from the Personal Property Tax
20Replacement Fund shall deduct from it the several amounts for
21which warrants have been issued to the regional
22superintendent, and any assistant regional superintendent, of
23the educational service region encompassing the county since
24the preceding apportionment from the Personal Property Tax
25Replacement Fund.
26 County boards may provide for additional compensation for

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1the regional superintendent or the assistant regional
2superintendents, or for each of them, to be paid quarterly
3from the county treasury.
4 (b) (Blank).
5 (c) If the State pays all or any portion of the employee
6contributions required under Section 16-152 of the Illinois
7Pension Code for employees of the State Board of Education, it
8shall also, subject to appropriation in the State Board of
9Education budget for such payments to Regional Superintendents
10and Assistant Regional Superintendents, pay the employee
11contributions required of regional superintendents of schools
12and assistant regional superintendents of schools on the same
13basis, but excluding any contributions based on compensation
14that is paid by the county rather than the State.
15 This subsection (c) applies to contributions based on
16payments of salary earned after the effective date of this
17amendatory Act of the 91st General Assembly, except that in
18the case of an elected regional superintendent of schools,
19this subsection does not apply to contributions based on
20payments of salary earned during a term of office that
21commenced before the effective date of this amendatory Act.
22 (d) References to "regional superintendent" in this
23Section shall also include the chief administrative officer of
24the educational service centers established under Section
252-3.62 of this Code and serving that portion of a Class II
26county school unit outside of a city with a population of

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1500,000 or more inhabitants. References to "assistant regional
2superintendent" in this Section shall include one assistant
3appointed by the chief administrative officer of the
4educational service centers established under Section 2-3.62
5of this Code and serving that portion of a Class II county
6school unit outside of a city with a population of 500,000 or
7more inhabitants. For the purposes of calculating regional
8superintendent and assistant regional superintendent salaries
9for educational service centers established under Section
102-3.62 of this Code, populations shall be established by
11subtracting from the total county population the population of
12a city with 500,000 or more inhabitants, divided by the number
13of educational service centers in the county.
14(Source: P.A. 99-30, eff. 7-10-15; 100-294, eff. 1-1-18.)
15 (105 ILCS 5/3-12) (from Ch. 122, par. 3-12)
16 Sec. 3-12. Institute fund.
17 (a) All license registration fees and a portion of renewal
18and duplicate fees shall be kept by the regional
19superintendent as described in Section 21-16 or 21B-40 of this
20Code, together with a record of the names of the persons paying
21them. Such fees shall be deposited into the institute fund and
22shall be used by the regional superintendent to defray
23expenses associated with the work of the regional professional
24development review committees established pursuant to
25paragraph (2) of subsection (g) of Section 21-14 of this Code

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1to advise the regional superintendent, upon his or her
2request, and to hear appeals relating to the renewal of
3teaching licenses, in accordance with Section 21-14 of this
4Code; to defray expenses connected with improving the
5technology necessary for the efficient processing of licenses;
6to defray all costs associated with the administration of
7teaching licenses; to defray expenses incidental to teachers'
8institutes, workshops or meetings of a professional nature
9that are designed to promote the professional growth of
10teachers or for the purpose of defraying the expense of any
11general or special meeting of teachers or school personnel of
12the region, which has been approved by the regional
13superintendent.
14 (b) In addition to the use of moneys in the institute fund
15to defray expenses under subsection (a) of this Section, the
16State Superintendent of Education, as authorized under Section
172-3.105 of this Code, shall use moneys in the institute fund to
18defray all costs associated with the administration of
19teaching licenses within a city having a population exceeding
20500,000. Moneys in the institute fund may also be used by the
21State Superintendent of Education to support educator
22recruitment and retention programs within a city having a
23population exceeding 500,000, to support educator preparation
24programs within a city having a population exceeding 500,000
25as those programs seek national accreditation, and to provide
26professional development aligned with the requirements set

HB4459 Engrossed- 24 -LRB102 23383 NLB 32552 b
1forth in Section 21B-45 of this Code within a city having a
2population exceeding 500,000. A majority of the moneys in the
3institute fund must be dedicated to the timely and efficient
4processing of applications and for the renewal of licenses.
5 (c) The regional superintendent shall on or before January
61 of each year post on the regional office of education's
7website publish in a newspaper of general circulation
8published in the region or shall post in each school building
9under his jurisdiction an accounting of (1) the balance on
10hand in the institute fund at the beginning of the previous
11year; (2) all receipts within the previous year deposited in
12the fund, with the sources from which they were derived; (3)
13the amount distributed from the fund and the purposes for
14which such distributions were made; and (4) the balance on
15hand in the fund.
16(Source: P.A. 99-58, eff. 7-16-15.)
17 (105 ILCS 5/3-3 rep.)
18 Section 15. The School Code is amended by repealing
19Section 3-3.
20 Section 90. The State Mandates Act is amended by adding
21Section 8.46 as follows:
22 (30 ILCS 805/8.46 new)
23 Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and

HB4459 Engrossed- 25 -LRB102 23383 NLB 32552 b
18 of this Act, no reimbursement by the State is required for
2the implementation of any mandate created by this amendatory
3Act of the 102nd General Assembly.
4 Section 99. Effective date. This Act takes effect upon
5becoming law.
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