101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3858

 

Introduced 10/17/2019, by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-123  from Ch. 108 1/2, par. 16-123
30 ILCS 805/8.43 new

    Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that beginning on the effective date of the amendatory Act, a substitute teacher is not required, as a condition of employment or otherwise, to participate in the System. Provides that an active substitute teacher may terminate his or her membership in the System (including the ability to contribute or have contributions made to a defined contribution account, if applicable) by notifying the System in writing. Provides that an active substitute teacher terminating his or her membership in the System shall be entitled to a refund of his or her contributions (other than contributions to a defined contribution account) minus the benefits received prior to the termination of membership. Amends the State Mandates Act to require implementation without reimbursement.


LRB101 13308 RPS 62150 b

FISCAL NOTE ACT MAY APPLY
PENSION IMPACT NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

HB3858LRB101 13308 RPS 62150 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by changing
5Section 16-123 as follows:
 
6    (40 ILCS 5/16-123)  (from Ch. 108 1/2, par. 16-123)
7    Sec. 16-123. Membership of System.
8    (a) Except as provided in subsection (c), the The
9membership of this System shall be composed of all teachers
10employed after June 30, 1939 who become members as a condition
11of employment on the date they become teachers. Membership
12shall continue until the date a member becomes an annuitant,
13dies, accepts a single-sum retirement benefit, accepts a
14refund, or forfeits the rights to a refund.
15    (b) This Article does not apply to any person first
16employed after June 30, 1979 as a public service employment
17program participant under the Federal Comprehensive Employment
18and Training Act and whose wages or fringe benefits are paid in
19whole or in part by funds provided under such Act.
20    (c) Notwithstanding any other provision of this Article,
21beginning on the effective date of this amendatory Act of the
22101st General Assembly, a substitute teacher is not required,
23as a condition of employment or otherwise, to participate in

 

 

HB3858- 2 -LRB101 13308 RPS 62150 b

1this System. An active substitute teacher may terminate his or
2her membership in this System (including the ability to
3contribute or have contributions made to a defined contribution
4account, if applicable) by notifying the System in writing. An
5active substitute teacher terminating his or her membership in
6this System under this subsection shall be entitled to a refund
7of his or her contributions (other than contributions to a
8defined contribution account) minus the benefits received
9prior to the termination of membership.
10(Source: P.A. 87-11.)
 
11    Section 90. The State Mandates Act is amended by adding
12Section 8.43 as follows:
 
13    (30 ILCS 805/8.43 new)
14    Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8
15of this Act, no reimbursement by the State is required for the
16implementation of any mandate created by this amendatory Act of
17the 101st General Assembly.