Bill Text: IL SB3168 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
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1 | AN ACT concerning public employees.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Section 14-111 as follows:
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6 | (40 ILCS 5/14-111) (from Ch. 108 1/2, par. 14-111)
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7 | Sec. 14-111. Re-entry after After retirement.
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8 | (a) An annuitant who re-enters the service of a department | ||||||
9 | and receives
compensation on a regular payroll shall receive no | ||||||
10 | payments of the
retirement annuity during the time he is so | ||||||
11 | employed, with the following
exceptions:
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12 | (1) An annuitant who is employed by a department while | ||||||
13 | he or she is a
continuing participant in the General | ||||||
14 | Assembly Retirement System under
Sections 2-117.1 and | ||||||
15 | 14-105.4 will not be considered to have made a
re-entry | ||||||
16 | after retirement within the meaning of this Section for the
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17 | duration of such continuing participation. Any person who | ||||||
18 | is a continuing
participant under Sections 2-117.1 and | ||||||
19 | 14-105.4 on the effective date of
this amendatory Act of | ||||||
20 | 1991 and whose retirement annuity has been suspended
under | ||||||
21 | this Section shall be entitled to receive from the System a | ||||||
22 | sum equal
to the annuity payments that have been withheld | ||||||
23 | under this Section, and
shall receive the benefit of this |
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1 | amendment without regard to Section
1-103.1.
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2 | (2) An annuitant who accepts temporary employment from | ||||||
3 | such a
department (i) for a period not exceeding 75 working | ||||||
4 | days in any calendar year
or (ii) for total compensation of | ||||||
5 | less than $30,000 during a calendar year is not considered | ||||||
6 | to make a re-entry after retirement within the meaning of
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7 | this Section. Any part of a day on temporary employment is | ||||||
8 | considered a
full day of employment.
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9 | (b) If such person re-enters the service of a department, | ||||||
10 | not as a
temporary employee, contributions to the system shall | ||||||
11 | begin as of the
date of re-employment and additional creditable | ||||||
12 | service shall begin to
accrue. He shall assume the status of a | ||||||
13 | member entitled to all rights
and privileges in the system, | ||||||
14 | including death and disability benefits,
excluding a refund of | ||||||
15 | contributions.
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16 | Upon subsequent retirement, his retirement annuity shall | ||||||
17 | consist of:
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18 | (1) the amounts of the annuities terminated by re-entry | ||||||
19 | into
service; and
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20 | (2) the amount of the additional retirement annuity | ||||||
21 | earned by the
member during the period of additional | ||||||
22 | membership service which shall
not be subject to | ||||||
23 | reversionary annuity if any.
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24 | The total retirement annuity shall not, however, exceed the | ||||||
25 | maximum
applicable to the member at the time of original | ||||||
26 | retirement.
In the computation of any such retirement annuity, |
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1 | the time that the
member was on retirement shall not interrupt | ||||||
2 | the continuity of service
for the computation of final average | ||||||
3 | compensation and the additional
membership service shall be | ||||||
4 | considered, together with service rendered
before the previous | ||||||
5 | retirement, in establishing final average
compensation.
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6 | A person who re-enters the service of a department within 3 | ||||||
7 | years
after retiring may qualify to have the retirement annuity | ||||||
8 | computed as
though the member had not previously retired by | ||||||
9 | paying to
the System, within 5 years after re-entry and prior | ||||||
10 | to subsequent
retirement, in a lump sum or in installment | ||||||
11 | payments in accordance with
such rules as may be adopted by the | ||||||
12 | Board, an amount equal to all
retirement payments received, | ||||||
13 | including any payments received in accordance
with subsection | ||||||
14 | (c) or (d) of Section 14-130, plus regular interest from
the | ||||||
15 | date retirement payments were suspended to the date of | ||||||
16 | repayment.
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17 | (Source: P.A. 86-1488; 87-794.)
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18 | Section 10. The School Code is amended by changing Section | ||||||
19 | 24-1 as follows:
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20 | (105 ILCS 5/24-1) (from Ch. 122, par. 24-1)
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21 | Sec. 24-1.
Appointment - Salaries - Payment - School month - | ||||||
22 | School term.)
School boards shall appoint all teachers, | ||||||
23 | determine qualifications of
employment
and fix the amount of | ||||||
24 | their
salaries subject to limitation set forth in this Act. |
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1 | They shall pay
the wages of teachers monthly, subject, however, | ||||||
2 | to the provisions of
Section 24-21. The school month shall be | ||||||
3 | the same as the calendar month
but by resolution the school | ||||||
4 | board may adopt for its use a month of 20
days, including | ||||||
5 | holidays. The school term shall consist of at least the
minimum | ||||||
6 | number of pupil attendance days required by Section 10-19, any
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7 | additional legal school holidays, days of teachers' | ||||||
8 | institutes, or
equivalent professional educational | ||||||
9 | experiences, and one or two days at
the beginning of the school | ||||||
10 | term when used as a teachers' workshop. | ||||||
11 | A school board is prohibited from hiring multiple people | ||||||
12 | who are retired and are receiving a retirement annuity under | ||||||
13 | the Teachers' Retirement System of the State of Illinois in | ||||||
14 | order to fill, as a group, a teaching position that would | ||||||
15 | ordinarily be occupied by a single, full-time teacher. However, | ||||||
16 | this prohibition does not apply to schools operated by the | ||||||
17 | Illinois Department of Human Services, or if the school board | ||||||
18 | determines that there is a subject or administrative position | ||||||
19 | shortage that would require action, in which case the school | ||||||
20 | board must apply for an exemption under Section 16-150.1 of the | ||||||
21 | Illinois Pension Code.
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22 | (Source: P.A. 80-249.)
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23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
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