Full Text of SB2203 93rd General Assembly
SB2203sam001 93RD GENERAL ASSEMBLY
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Sen. Adeline Jay Geo-Karis
Filed: 3/25/2004
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LRB093 17675 LRD 49137 a |
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| AMENDMENT TO SENATE BILL 2203
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| AMENDMENT NO. ______. Amend Senate Bill 2203 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by | 5 |
| changing Section 16-150.1 as follows:
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| (40 ILCS 5/16-150.1)
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| Sec. 16-150.1. Return to teaching in subject shortage area.
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| (a) As used in this Section, "eligible employment" means | 9 |
| employment
beginning on or after July 1, 2003 and ending no | 10 |
| later than June 30, 2008,
in a subject shortage area at a | 11 |
| qualified school, in a position requiring
certification under | 12 |
| the law governing the certification of teachers.
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| As used in this Section, "qualified school" means a public | 14 |
| elementary or
secondary school that meets all of the following | 15 |
| requirements:
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| (1) At the time of hiring a retired teacher under this | 17 |
| Section, the
school is experiencing a shortage of teachers | 18 |
| in the subject shortage area
for which the teacher is | 19 |
| hired.
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| (2) The school district to which the school belongs has | 21 |
| complied with
the requirements of subsection (e), and the | 22 |
| regional superintendent has
certified that compliance to | 23 |
| the System.
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| (3) If the school district to which the school belongs |
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| provides group
health benefits for its teachers generally, | 2 |
| substantially similar health
benefits are made available | 3 |
| for teachers participating in the program under
this | 4 |
| Section, without any limitations based on pre-existing | 5 |
| conditions.
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| (b) An annuitant receiving a retirement annuity under this | 7 |
| Article
(other than a disability retirement annuity) may engage | 8 |
| in eligible
employment at a qualified school without impairing | 9 |
| his or her retirement
status or retirement annuity, subject to | 10 |
| the following conditions:
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| (1) the eligible employment does not begin within the | 12 |
| school year
during which service was terminated;
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| (2) the annuitant has not received any early retirement | 14 |
| incentive under
Section 16-133.3, 16-133.4, or 16-133.5;
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| (3) if the annuitant retired before age 60 and with | 16 |
| less than 34 years
of service, the eligible employment does | 17 |
| not begin within the year following
the effective date of | 18 |
| the retirement annuity;
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| (4) if the annuitant retired at age 60 or above or with | 20 |
| 34 or more
years of service, the eligible employment does | 21 |
| not begin within the 75
90 days
following the effective | 22 |
| date of the retirement annuity; and
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| (5) before the eligible employment begins, the | 24 |
| employer notifies the
System in writing of the annuitant's | 25 |
| desire to participate in the program
established under this | 26 |
| Section.
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| (c) An annuitant engaged in eligible employment in | 28 |
| accordance with
subsection (b) shall be deemed a participant in | 29 |
| the program established
under this Section for so long as he or | 30 |
| she remains employed in eligible
employment.
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| (d) A participant in the program established under this | 32 |
| Section continues
to be a retirement annuitant, rather than an | 33 |
| active teacher, for all of the
purposes of this Code, but shall | 34 |
| be deemed an active teacher for other
purposes, such as |
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| inclusion in a collective bargaining unit, eligibility for
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| group health benefits, and compliance with the laws governing | 3 |
| the employment,
regulation, certification, treatment, and | 4 |
| conduct of teachers.
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| With respect to an annuitant's eligible employment under | 6 |
| this Section,
neither employee nor employer contributions | 7 |
| shall be made to the System and
no additional service credit | 8 |
| shall be earned. Eligible employment does not
affect the | 9 |
| annuitant's final average salary or the amount of the | 10 |
| retirement
annuity.
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| (e) Before hiring a teacher under this Section, the school | 12 |
| district
to which the school belongs must do the following:
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| (1) If the school district to which the school belongs | 14 |
| has honorably
dismissed, within the calendar year | 15 |
| preceding the beginning of the school term
for which it | 16 |
| seeks to employ a retired teacher under the program | 17 |
| established in
this Section, any teachers who are legally | 18 |
| qualified to hold positions in the
subject shortage area | 19 |
| and have not yet begun to receive their retirement
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| annuities under this Article, the vacant positions must | 21 |
| first be tendered to
those teachers.
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| (2) For a period of at least 75
90 days
during the 6 | 23 |
| months preceding the beginning of the school term for which
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| it seeks to employ a retired teacher under the program | 25 |
| established in this
Section, the school district must, on | 26 |
| an ongoing basis, both (i) advertise
its vacancies in the | 27 |
| subject shortage area in a newspaper of general
circulation | 28 |
| in the area in which the school is located and in | 29 |
| employment
bulletins published by college and university | 30 |
| placement offices located near
the school; and (ii) search | 31 |
| for teachers legally qualified to fill those
vacancies | 32 |
| through the Illinois Education Job Bank.
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| The school district must submit documentation of its | 34 |
| compliance with this
subsection to the regional |
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| superintendent. Upon receiving satisfactory
documentation from | 2 |
| the school district, the regional superintendent shall
certify | 3 |
| the district's compliance with this subsection to the System.
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| (f) This Section applies without regard to whether the | 5 |
| annuitant was in
service on or after the effective date of this | 6 |
| amendatory Act of the 93rd
General Assembly.
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| (Source: P.A. 93-320, eff. 7-23-03.)".
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