Bill Text: IL SB3218 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that "teacher" includes any educational, administrative, professional, or other staff in a position requiring certification under the law governing the certification of teachers who is employed by a nonpublic special education facility located within the boundaries of the State and whose income from that employment is derived entirely from public funding through local school districts, payments from the Department of Human Services, or payments from the Department of Children and Family Services.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-06 - Referred to Assignments [SB3218 Detail]

Download: Illinois-2023-SB3218-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3218 Introduced 2/6/2024, by Sen. Doris Turner SYNOPSIS AS INTRODUCED:
40 ILCS 5/16-106 from Ch. 108 1/2, par. 16-106
Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that "teacher" includes any educational, administrative, professional, or other staff in a position requiring certification under the law governing the certification of teachers who is employed by a nonpublic special education facility located within the boundaries of the State and whose income from that employment is derived entirely from public funding through local school districts, payments from the Department of Human Services, or payments from the Department of Children and Family Services.
LRB103 37767 RPS 67896 b
A BILL FOR
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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 16-106 as follows:
(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
Sec. 16-106. Teacher. "Teacher": The following
individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position
in which services are expected to be rendered for at least one
school term:
(1) Any educational, administrative, professional or
other staff employed in the public common schools included
within this system in a position requiring certification
under the law governing the certification of teachers;
(2) Any educational, administrative, professional or
other staff employed in any facility of the Department of
Children and Family Services or the Department of Human
Services, in a position requiring certification under the
law governing the certification of teachers, and any
person who (i) works in such a position for the Department
of Corrections, (ii) was a member of this System on May 31,

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1987, and (iii) did not elect to become a member of the
State Employees' Retirement System pursuant to Section
14-108.2 of this Code; except that "teacher" does not
include any person who (A) becomes a security employee of
the Department of Human Services, as defined in Section
14-110, after June 28, 2001 (the effective date of Public
Act 92-14), or (B) becomes a member of the State
Employees' Retirement System pursuant to Section 14-108.2c
of this Code;
(3) Any regional superintendent of schools, assistant
regional superintendent of schools, State Superintendent
of Education; any person employed by the State Board of
Education as an executive; any executive of the boards
engaged in the service of public common school education
in school districts covered under this system of which the
State Superintendent of Education is an ex-officio member;
(4) Any employee of a school board association
operating in compliance with Article 23 of the School Code
who is certificated under the law governing the
certification of teachers, provided that he or she becomes
such an employee before the effective date of this
amendatory Act of the 99th General Assembly;
(5) Any person employed by the retirement system who:
(i) was an employee of and a participant in the
system on August 17, 2001 (the effective date of
Public Act 92-416), or

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(ii) becomes an employee of the system on or after
August 17, 2001;
(6) Any educational, administrative, professional or
other staff employed by and under the supervision and
control of a regional superintendent of schools or the
chief administrative officer of the education service
centers established under Section 2-3.62 of the School
Code and serving that portion of a Class II county outside
a city of 500,000 or more inhabitants, provided such
employment position requires the person to be certificated
under the law governing the certification of teachers and
is in an educational program serving 2 or more districts
in accordance with a joint agreement authorized by the
School Code or by federal legislation;
(7) Any educational, administrative, professional or
other staff employed in an educational program serving 2
or more school districts in accordance with a joint
agreement authorized by the School Code or by federal
legislation and in a position requiring certification
under the laws governing the certification of teachers;
(8) Any officer or employee of a statewide teacher
organization or officer of a national teacher organization
who is certified under the law governing certification of
teachers, provided: (i) the individual had previously
established creditable service under this Article, (ii)
the individual files with the system an irrevocable

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election to become a member before the effective date of
this amendatory Act of the 97th General Assembly, (iii)
the individual does not receive credit for such service
under any other Article of this Code, and (iv) the
individual first became an officer or employee of the
teacher organization and becomes a member before the
effective date of this amendatory Act of the 97th General
Assembly;
(9) Any educational, administrative, professional, or
other staff employed in a charter school operating in
compliance with the Charter Schools Law who is
certificated under the law governing the certification of
teachers;
(10) Any person employed, on the effective date of
this amendatory Act of the 94th General Assembly, by the
Macon-Piatt Regional Office of Education in a
birth-through-age-three pilot program receiving funds
under Section 2-389 of the School Code who is required by
the Macon-Piatt Regional Office of Education to hold a
teaching certificate, provided that the Macon-Piatt
Regional Office of Education makes an election, within 6
months after the effective date of this amendatory Act of
the 94th General Assembly, to have the person participate
in the system. Any service established prior to the
effective date of this amendatory Act of the 94th General
Assembly for service as an employee of the Macon-Piatt

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Regional Office of Education in a birth-through-age-three
pilot program receiving funds under Section 2-389 of the
School Code shall be considered service as a teacher if
employee and employer contributions have been received by
the system and the system has not refunded those
contributions; .
(11) Any educational, administrative, professional, or
other staff in a position requiring certification under
the law governing the certification of teachers who is
employed by a nonpublic special education facility, as
defined by Section 14-7.02 of the School Code, located
within the boundaries of the State and whose income from
that employment is derived entirely from public funding
through local school districts, payments from the
Department of Human Services, or payments from the
Department of Children and Family Services.
An annuitant receiving a retirement annuity under this
Article who is employed by a board of education or other
employer as permitted under Section 16-118 or 16-150.1 is not
a "teacher" for purposes of this Article. A person who has
received a single-sum retirement benefit under Section
16-136.4 of this Article is not a "teacher" for purposes of
this Article. For purposes of this Article, "teacher" does not
include a person employed by an entity that provides
substitute teaching services under Section 2-3.173 of the
School Code and is not a school district.

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