Bill Text: IL SB3168 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the State Employees Article of the Illinois Pension Code. Provides that an annuitant who accepts temporary employment from a department for total compensation of less than $30,000 during a calendar year is not considered to make a re-entry after retirement. Amends the School Code. Prohibits a school board from hiring multiple people who are retired and are receiving a retirement annuity under the Teachers' Retirement System of the State of Illinois in order to fill, as a group, a teaching position that would ordinarily be occupied by a single, full-time teacher. Provides that this prohibition does not apply if the school board determines that there is a subject or administrative position shortage that would require action, in which case the school board must apply for an exemption under a Section of the Illinois Pension Code relating to returning to teaching in a subject shortage area. Effective immediately.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3168 Detail]

Download: Illinois-2011-SB3168-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3168 Introduced 2/1/2012, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
40 ILCS 5/14-111 from Ch. 108 1/2, par. 14-111
105 ILCS 5/24-1 from Ch. 122, par. 24-1
Amends the State Employees Article of the Illinois Pension Code. Provides that an annuitant who accepts temporary employment from a department for total compensation of less than $30,000 during a calendar year is not considered to make a re-entry after retirement. Amends the School Code. Prohibits a school board from hiring multiple people who are retired and are receiving a retirement annuity under the Teachers' Retirement System of the State of Illinois in order to fill, as a group, a teaching position that would ordinarily be occupied by a single, full-time teacher. Provides that this prohibition does not apply if the school board determines that there is a subject or administrative position shortage that would require action, in which case the school board must apply for an exemption under a Section of the Illinois Pension Code relating to returning to teaching in a subject shortage area. Effective immediately.
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FISCAL NOTE ACT MAY APPLY PENSION IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning public employees.
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 14-111 as follows:
(40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
Sec. 14-111. Re-entry after After retirement.
(a) An annuitant who re-enters the service of a department
and receives compensation on a regular payroll shall receive no
payments of the retirement annuity during the time he is so
employed, with the following exceptions:
(1) An annuitant who is employed by a department while
he or she is a continuing participant in the General
Assembly Retirement System under Sections 2-117.1 and
14-105.4 will not be considered to have made a re-entry
after retirement within the meaning of this Section for the
duration of such continuing participation. Any person who
is a continuing participant under Sections 2-117.1 and
14-105.4 on the effective date of this amendatory Act of
1991 and whose retirement annuity has been suspended under
this Section shall be entitled to receive from the System a
sum equal to the annuity payments that have been withheld
under this Section, and shall receive the benefit of this

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amendment without regard to Section 1-103.1.
(2) An annuitant who accepts temporary employment from
such a department (i) for a period not exceeding 75 working
days in any calendar year or (ii) for total compensation of
less than $30,000 during a calendar year is not considered
to make a re-entry after retirement within the meaning of
this Section. Any part of a day on temporary employment is
considered a full day of employment.
(b) If such person re-enters the service of a department,
not as a temporary employee, contributions to the system shall
begin as of the date of re-employment and additional creditable
service shall begin to accrue. He shall assume the status of a
member entitled to all rights and privileges in the system,
including death and disability benefits, excluding a refund of
contributions.
Upon subsequent retirement, his retirement annuity shall
consist of:
(1) the amounts of the annuities terminated by re-entry
into service; and
(2) the amount of the additional retirement annuity
earned by the member during the period of additional
membership service which shall not be subject to
reversionary annuity if any.
The total retirement annuity shall not, however, exceed the
maximum applicable to the member at the time of original
retirement. In the computation of any such retirement annuity,

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the time that the member was on retirement shall not interrupt
the continuity of service for the computation of final average
compensation and the additional membership service shall be
considered, together with service rendered before the previous
retirement, in establishing final average compensation.
A person who re-enters the service of a department within 3
years after retiring may qualify to have the retirement annuity
computed as though the member had not previously retired by
paying to the System, within 5 years after re-entry and prior
to subsequent retirement, in a lump sum or in installment
payments in accordance with such rules as may be adopted by the
Board, an amount equal to all retirement payments received,
including any payments received in accordance with subsection
(c) or (d) of Section 14-130, plus regular interest from the
date retirement payments were suspended to the date of
repayment.
(Source: P.A. 86-1488; 87-794.)
Section 10. The School Code is amended by changing Section
24-1 as follows:
(105 ILCS 5/24-1) (from Ch. 122, par. 24-1)
Sec. 24-1. Appointment - Salaries - Payment - School month -
School term.) School boards shall appoint all teachers,
determine qualifications of employment and fix the amount of
their salaries subject to limitation set forth in this Act.

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They shall pay the wages of teachers monthly, subject, however,
to the provisions of Section 24-21. The school month shall be
the same as the calendar month but by resolution the school
board may adopt for its use a month of 20 days, including
holidays. The school term shall consist of at least the minimum
number of pupil attendance days required by Section 10-19, any
additional legal school holidays, days of teachers'
institutes, or equivalent professional educational
experiences, and one or two days at the beginning of the school
term when used as a teachers' workshop.
A school board is prohibited from hiring multiple people
who are retired and are receiving a retirement annuity under
the Teachers' Retirement System of the State of Illinois in
order to fill, as a group, a teaching position that would
ordinarily be occupied by a single, full-time teacher. However,
this prohibition does not apply if the school board determines
that there is a subject or administrative position shortage
that would require action, in which case the school board must
apply for an exemption under Section 16-150.1 of the Illinois
Pension Code.
(Source: P.A. 80-249.)
Section 99. Effective date. This Act takes effect upon
becoming law.