Bill Text: IL SB0217 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the School Code. With regard to the salary of any employee of a school board who is a member of any reserve component of the United States Armed Services and is mobilized to active military duty or teacher who is employed in a Department of Defense overseas dependents' school or is mobilized to active military duty, removes a provision decreasing the amount of the employee's salary by the employee's base pay for military service.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced) 2019-04-12 - Added as Co-Sponsor Sen. Steven M. Landek [SB0217 Detail]

Download: Illinois-2019-SB0217-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0217

Introduced 1/31/2019, by Sen. Andy Manar

SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.7b from Ch. 122, par. 10-20.7b
105 ILCS 5/24-13.1 from Ch. 122, par. 24-13.1
105 ILCS 5/34-15a from Ch. 122, par. 34-15a

Amends the School Code. With regard to the salary of any employee of a school board who is a member of any reserve component of the United States Armed Services and is mobilized to active military duty or teacher who is employed in a Department of Defense overseas dependents' school or is mobilized to active military duty, removes a provision decreasing the amount of the employee's salary by the employee's base pay for military service.
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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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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 School Code is amended by changing Sections
510-20.7b, 24-13.1, and 34-15a as follows:
6 (105 ILCS 5/10-20.7b) (from Ch. 122, par. 10-20.7b)
7 Sec. 10-20.7b. Active military service. Any certificated
8or non-certificated employee of a school board who is a member
9of any reserve component of the United States Armed Services,
10including the Illinois National Guard, and who is mobilized to
11active military duty on or after August 1, 1990, shall for each
12pay period beginning on or after August 1, 1990 continue to
13receive the same regular compensation that he receives or was
14receiving as an employee of the school board at the time he is
15or was so mobilized to active military duty, plus any health
16insurance and other benefits he is or was receiving or accruing
17at that time, minus the amount of his base pay for military
18service, for the duration of his active military service. Such
19active military duty shall not result in the loss or
20diminishment of any employment benefit, service credit, or
21status accrued at the time the duty commenced if the duty
22commenced on or after September 1, 2001.
23 In the event any provision of a collective bargaining

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1agreement or any school board or district policy covering any
2employee so ordered to active duty is more generous than the
3provisions contained in this Section, the collective
4bargaining agreement or school board or district policy shall
5be controlling.
6(Source: P.A. 92-660, eff. 7-16-02.)
7 (105 ILCS 5/24-13.1) (from Ch. 122, par. 24-13.1)
8 Sec. 24-13.1. Contractual continued service of teachers
9employed in Department of Defense overseas dependents'
10schools. By mutual agreement of a teacher and the employing
11board, the board may, but is not required to, grant the teacher
12a leave of absence to accept employment in a Department of
13Defense overseas dependents' school. If such a leave of absence
14is granted, the teacher may elect, for a period not exceeding
15the lesser of the period for which he is so employed or 5
16years, (a) to preserve his contractual continued service status
17under this Code Act, and (b) to continue receipt, on the same
18basis as if he were teaching in the school system subject to
19the employing board, of service credit earned for requirements
20of promotion, incremental increases in salary, leaves of
21absence and other privileges based on an established period of
22service or employment. In addition, a teacher whose armed
23forces reserve unit is activated during the school year and who
24as a result is required to enter into active military service
25duty shall continue to have his or her full salary as a teacher

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1paid by the school board for the first 2 weeks of the period
2during which he or she is required to remain on active military
3service duty; provided, however, that if the teacher is
4required to remain on active military service duty for any
5additional period, his or her contractual continued service
6under this Code Act shall be preserved for the period he or she
7is required to remain on active military service duty, and he
8or she shall continue to receive throughout the entire period
9that he or she is required to remain on active military service
10duty, on the same basis as if he or she were teaching in the
11school system governed by the employing board, service credit
12earned for requirements of promotion, incremental increases in
13salary, leaves of absence and other privileges based on an
14established period of service or employment; provided further
15that a teacher who receives payment of his or her full salary
16as a teacher for the first 2 weeks of the period his or her
17armed forces reserve unit is required to remain on active
18military service duty shall return to the school board such
19portion of his or her teaching salary so paid as is equal to
20the payment he or she received for such 2 week period from his
21or her armed forces reserve unit, excluding, however, all
22payments received by the teacher from the armed forces reserve
23unit which are allocable to nonschool days or which constitute
24a travel, meal or housing allowance.
25 A person employed to replace a teacher making the election
26provided for in this Section does not acquire contractual

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1continued service status as a teacher under this Article.
2(Source: P.A. 84-1401.)
3 (105 ILCS 5/34-15a) (from Ch. 122, par. 34-15a)
4 Sec. 34-15a. Active military service. Any certificated or
5non-certificated employee of the Board of Education who is a
6member of any reserve component of the United States Armed
7Services, including the Illinois National Guard, and who is
8mobilized to active military duty on or after August 1, 1990,
9shall for each pay period beginning on or after August 1, 1990
10continue to receive the same regular compensation that he
11receives or was receiving as an employee of the Board of
12Education at the time he is or was so mobilized to active
13military duty, plus any health insurance and other benefits he
14is or was receiving or accruing at that time, minus the amount
15of his base pay for military service, for the duration of his
16active military service. Such active military duty shall not
17result in the loss or diminishment of any employment benefit,
18service credit, or status accrued at the time the duty
19commenced if the duty commenced on or after September 1, 2001.
20 In the event any provision of a collective bargaining
21agreement or any board of education or district policy covering
22any employee so ordered to active duty is more generous than
23the provisions contained in this Section, the collective
24bargaining agreement or board of education or district policy
25shall be controlling.

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1(Source: P.A. 92-660, eff. 7-16-02.)
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