101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1952

 

Introduced 2/15/2019, by Sen. Andy Manar

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/15-155  from Ch. 108 1/2, par. 15-155
40 ILCS 5/16-158  from Ch. 108 1/2, par. 16-158
105 ILCS 5/21B-20
105 ILCS 5/21B-30
105 ILCS 5/21B-35
105 ILCS 5/21B-50
105 ILCS 5/21B-55
105 ILCS 5/24-8.5 new
105 ILCS 5/27A-10

    Amends the Downstate Teachers and State Universities Articles of the Illinois Pension Code. Requires an employer to make an additional employer contribution for a participant whose earnings for any academic year used to determine the final rate of earnings exceed the amount of his or her earnings with the same employer for the previous academic year by more than 6% (instead of 3%). Makes conforming changes. Amends the School Code. Allows each school district to provide a salary to a student teacher employed by the district and fix the amount of that salary. Removes the requirement of the passage of a test of basic skills for obtaining certain Professional Educator Licenses and Educator Licenses with Stipulations. Effective immediately.


LRB101 10858 AXK 55998 b

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

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
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
5Sections 15-155 and 16-158 as follows:
 
6    (40 ILCS 5/15-155)  (from Ch. 108 1/2, par. 15-155)
7    Sec. 15-155. Employer contributions.
8    (a) The State of Illinois shall make contributions by
9appropriations of amounts which, together with the other
10employer contributions from trust, federal, and other funds,
11employee contributions, income from investments, and other
12income of this System, will be sufficient to meet the cost of
13maintaining and administering the System on a 90% funded basis
14in accordance with actuarial recommendations.
15    The Board shall determine the amount of State contributions
16required for each fiscal year on the basis of the actuarial
17tables and other assumptions adopted by the Board and the
18recommendations of the actuary, using the formula in subsection
19(a-1).
20    (a-1) For State fiscal years 2012 through 2045, the minimum
21contribution to the System to be made by the State for each
22fiscal year shall be an amount determined by the System to be
23sufficient to bring the total assets of the System up to 90% of

 

 

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1the total actuarial liabilities of the System by the end of
2State fiscal year 2045. In making these determinations, the
3required State contribution shall be calculated each year as a
4level percentage of payroll over the years remaining to and
5including fiscal year 2045 and shall be determined under the
6projected unit credit actuarial cost method.
7    For each of State fiscal years 2018, 2019, and 2020, the
8State shall make an additional contribution to the System equal
9to 2% of the total payroll of each employee who is deemed to
10have elected the benefits under Section 1-161 or who has made
11the election under subsection (c) of Section 1-161.
12    A change in an actuarial or investment assumption that
13increases or decreases the required State contribution and
14first applies in State fiscal year 2018 or thereafter shall be
15implemented in equal annual amounts over a 5-year period
16beginning in the State fiscal year in which the actuarial
17change first applies to the required State contribution.
18    A change in an actuarial or investment assumption that
19increases or decreases the required State contribution and
20first applied to the State contribution in fiscal year 2014,
212015, 2016, or 2017 shall be implemented:
22        (i) as already applied in State fiscal years before
23    2018; and
24        (ii) in the portion of the 5-year period beginning in
25    the State fiscal year in which the actuarial change first
26    applied that occurs in State fiscal year 2018 or

 

 

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1    thereafter, by calculating the change in equal annual
2    amounts over that 5-year period and then implementing it at
3    the resulting annual rate in each of the remaining fiscal
4    years in that 5-year period.
5    For State fiscal years 1996 through 2005, the State
6contribution to the System, as a percentage of the applicable
7employee payroll, shall be increased in equal annual increments
8so that by State fiscal year 2011, the State is contributing at
9the rate required under this Section.
10    Notwithstanding any other provision of this Article, the
11total required State contribution for State fiscal year 2006 is
12$166,641,900.
13    Notwithstanding any other provision of this Article, the
14total required State contribution for State fiscal year 2007 is
15$252,064,100.
16    For each of State fiscal years 2008 through 2009, the State
17contribution to the System, as a percentage of the applicable
18employee payroll, shall be increased in equal annual increments
19from the required State contribution for State fiscal year
202007, so that by State fiscal year 2011, the State is
21contributing at the rate otherwise required under this Section.
22    Notwithstanding any other provision of this Article, the
23total required State contribution for State fiscal year 2010 is
24$702,514,000 and shall be made from the State Pensions Fund and
25proceeds of bonds sold in fiscal year 2010 pursuant to Section
267.2 of the General Obligation Bond Act, less (i) the pro rata

 

 

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1share of bond sale expenses determined by the System's share of
2total bond proceeds, (ii) any amounts received from the General
3Revenue Fund in fiscal year 2010, (iii) any reduction in bond
4proceeds due to the issuance of discounted bonds, if
5applicable.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2011 is
8the amount recertified by the System on or before April 1, 2011
9pursuant to Section 15-165 and shall be made from the State
10Pensions Fund and proceeds of bonds sold in fiscal year 2011
11pursuant to Section 7.2 of the General Obligation Bond Act,
12less (i) the pro rata share of bond sale expenses determined by
13the System's share of total bond proceeds, (ii) any amounts
14received from the General Revenue Fund in fiscal year 2011, and
15(iii) any reduction in bond proceeds due to the issuance of
16discounted bonds, if applicable.
17    Beginning in State fiscal year 2046, the minimum State
18contribution for each fiscal year shall be the amount needed to
19maintain the total assets of the System at 90% of the total
20actuarial liabilities of the System.
21    Amounts received by the System pursuant to Section 25 of
22the Budget Stabilization Act or Section 8.12 of the State
23Finance Act in any fiscal year do not reduce and do not
24constitute payment of any portion of the minimum State
25contribution required under this Article in that fiscal year.
26Such amounts shall not reduce, and shall not be included in the

 

 

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1calculation of, the required State contributions under this
2Article in any future year until the System has reached a
3funding ratio of at least 90%. A reference in this Article to
4the "required State contribution" or any substantially similar
5term does not include or apply to any amounts payable to the
6System under Section 25 of the Budget Stabilization Act.
7    Notwithstanding any other provision of this Section, the
8required State contribution for State fiscal year 2005 and for
9fiscal year 2008 and each fiscal year thereafter, as calculated
10under this Section and certified under Section 15-165, shall
11not exceed an amount equal to (i) the amount of the required
12State contribution that would have been calculated under this
13Section for that fiscal year if the System had not received any
14payments under subsection (d) of Section 7.2 of the General
15Obligation Bond Act, minus (ii) the portion of the State's
16total debt service payments for that fiscal year on the bonds
17issued in fiscal year 2003 for the purposes of that Section
187.2, as determined and certified by the Comptroller, that is
19the same as the System's portion of the total moneys
20distributed under subsection (d) of Section 7.2 of the General
21Obligation Bond Act. In determining this maximum for State
22fiscal years 2008 through 2010, however, the amount referred to
23in item (i) shall be increased, as a percentage of the
24applicable employee payroll, in equal increments calculated
25from the sum of the required State contribution for State
26fiscal year 2007 plus the applicable portion of the State's

 

 

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1total debt service payments for fiscal year 2007 on the bonds
2issued in fiscal year 2003 for the purposes of Section 7.2 of
3the General Obligation Bond Act, so that, by State fiscal year
42011, the State is contributing at the rate otherwise required
5under this Section.
6    (a-2) Beginning in fiscal year 2018, each employer under
7this Article shall pay to the System a required contribution
8determined as a percentage of projected payroll and sufficient
9to produce an annual amount equal to:
10        (i) for each of fiscal years 2018, 2019, and 2020, the
11    defined benefit normal cost of the defined benefit plan,
12    less the employee contribution, for each employee of that
13    employer who has elected or who is deemed to have elected
14    the benefits under Section 1-161 or who has made the
15    election under subsection (c) of Section 1-161; for fiscal
16    year 2021 and each fiscal year thereafter, the defined
17    benefit normal cost of the defined benefit plan, less the
18    employee contribution, plus 2%, for each employee of that
19    employer who has elected or who is deemed to have elected
20    the benefits under Section 1-161 or who has made the
21    election under subsection (c) of Section 1-161; plus
22        (ii) the amount required for that fiscal year to
23    amortize any unfunded actuarial accrued liability
24    associated with the present value of liabilities
25    attributable to the employer's account under Section
26    15-155.2, determined as a level percentage of payroll over

 

 

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1    a 30-year rolling amortization period.
2    In determining contributions required under item (i) of
3this subsection, the System shall determine an aggregate rate
4for all employers, expressed as a percentage of projected
5payroll.
6    In determining the contributions required under item (ii)
7of this subsection, the amount shall be computed by the System
8on the basis of the actuarial assumptions and tables used in
9the most recent actuarial valuation of the System that is
10available at the time of the computation.
11    The contributions required under this subsection (a-2)
12shall be paid by an employer concurrently with that employer's
13payroll payment period. The State, as the actual employer of an
14employee, shall make the required contributions under this
15subsection.
16    As used in this subsection, "academic year" means the
1712-month period beginning September 1.
18    (b) If an employee is paid from trust or federal funds, the
19employer shall pay to the Board contributions from those funds
20which are sufficient to cover the accruing normal costs on
21behalf of the employee. However, universities having employees
22who are compensated out of local auxiliary funds, income funds,
23or service enterprise funds are not required to pay such
24contributions on behalf of those employees. The local auxiliary
25funds, income funds, and service enterprise funds of
26universities shall not be considered trust funds for the

 

 

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1purpose of this Article, but funds of alumni associations,
2foundations, and athletic associations which are affiliated
3with the universities included as employers under this Article
4and other employers which do not receive State appropriations
5are considered to be trust funds for the purpose of this
6Article.
7    (b-1) The City of Urbana and the City of Champaign shall
8each make employer contributions to this System for their
9respective firefighter employees who participate in this
10System pursuant to subsection (h) of Section 15-107. The rate
11of contributions to be made by those municipalities shall be
12determined annually by the Board on the basis of the actuarial
13assumptions adopted by the Board and the recommendations of the
14actuary, and shall be expressed as a percentage of salary for
15each such employee. The Board shall certify the rate to the
16affected municipalities as soon as may be practical. The
17employer contributions required under this subsection shall be
18remitted by the municipality to the System at the same time and
19in the same manner as employee contributions.
20    (c) Through State fiscal year 1995: The total employer
21contribution shall be apportioned among the various funds of
22the State and other employers, whether trust, federal, or other
23funds, in accordance with actuarial procedures approved by the
24Board. State of Illinois contributions for employers receiving
25State appropriations for personal services shall be payable
26from appropriations made to the employers or to the System. The

 

 

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1contributions for Class I community colleges covering earnings
2other than those paid from trust and federal funds, shall be
3payable solely from appropriations to the Illinois Community
4College Board or the System for employer contributions.
5    (d) Beginning in State fiscal year 1996, the required State
6contributions to the System shall be appropriated directly to
7the System and shall be payable through vouchers issued in
8accordance with subsection (c) of Section 15-165, except as
9provided in subsection (g).
10    (e) The State Comptroller shall draw warrants payable to
11the System upon proper certification by the System or by the
12employer in accordance with the appropriation laws and this
13Code.
14    (f) Normal costs under this Section means liability for
15pensions and other benefits which accrues to the System because
16of the credits earned for service rendered by the participants
17during the fiscal year and expenses of administering the
18System, but shall not include the principal of or any
19redemption premium or interest on any bonds issued by the Board
20or any expenses incurred or deposits required in connection
21therewith.
22    (g) If For academic years beginning on or after June 1,
232005 and before July 1, 2018 and for earnings paid to a
24participant under a contract or collective bargaining
25agreement entered into, amended, or renewed before the
26effective date of this amendatory Act of the 100th General

 

 

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1Assembly, if the amount of a participant's earnings for any
2academic year used to determine the final rate of earnings,
3determined on a full-time equivalent basis, exceeds the amount
4of his or her earnings with the same employer for the previous
5academic year, determined on a full-time equivalent basis, by
6more than 6%, the participant's employer shall pay to the
7System, in addition to all other payments required under this
8Section and in accordance with guidelines established by the
9System, the present value of the increase in benefits resulting
10from the portion of the increase in earnings that is in excess
11of 6%. This present value shall be computed by the System on
12the basis of the actuarial assumptions and tables used in the
13most recent actuarial valuation of the System that is available
14at the time of the computation. The System may require the
15employer to provide any pertinent information or
16documentation.
17    Whenever it determines that a payment is or may be required
18under this subsection (g), the System shall calculate the
19amount of the payment and bill the employer for that amount.
20The bill shall specify the calculations used to determine the
21amount due. If the employer disputes the amount of the bill, it
22may, within 30 days after receipt of the bill, apply to the
23System in writing for a recalculation. The application must
24specify in detail the grounds of the dispute and, if the
25employer asserts that the calculation is subject to subsection
26(h) or (i) of this Section or that subsection (g-1) applies,

 

 

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1must include an affidavit setting forth and attesting to all
2facts within the employer's knowledge that are pertinent to the
3applicability of that subsection. Upon receiving a timely
4application for recalculation, the System shall review the
5application and, if appropriate, recalculate the amount due.
6    The employer contributions required under this subsection
7(g) may be paid in the form of a lump sum within 90 days after
8receipt of the bill. If the employer contributions are not paid
9within 90 days after receipt of the bill, then interest will be
10charged at a rate equal to the System's annual actuarially
11assumed rate of return on investment compounded annually from
12the 91st day after receipt of the bill. Payments must be
13concluded within 3 years after the employer's receipt of the
14bill.
15    When assessing payment for any amount due under this
16subsection (g), the System shall include earnings, to the
17extent not established by a participant under Section 15-113.11
18or 15-113.12, that would have been paid to the participant had
19the participant not taken (i) periods of voluntary or
20involuntary furlough occurring on or after July 1, 2015 and on
21or before June 30, 2017 or (ii) periods of voluntary pay
22reduction in lieu of furlough occurring on or after July 1,
232015 and on or before June 30, 2017. Determining earnings that
24would have been paid to a participant had the participant not
25taken periods of voluntary or involuntary furlough or periods
26of voluntary pay reduction shall be the responsibility of the

 

 

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1employer, and shall be reported in a manner prescribed by the
2System.
3    This subsection (g) does not apply to (1) Tier 2 hybrid
4plan members and (2) Tier 2 defined benefit members who first
5participate under this Article on or after the implementation
6date of the Optional Hybrid Plan.
7    (g-1) (Blank). For academic years beginning on or after
8July 1, 2018 and for earnings paid to a participant under a
9contract or collective bargaining agreement entered into,
10amended, or renewed on or after the effective date of this
11amendatory Act of the 100th General Assembly, if the amount of
12a participant's earnings for any academic year used to
13determine the final rate of earnings, determined on a full-time
14equivalent basis, exceeds the amount of his or her earnings
15with the same employer for the previous academic year,
16determined on a full-time equivalent basis, by more than 3%,
17then the participant's employer shall pay to the System, in
18addition to all other payments required under this Section and
19in accordance with guidelines established by the System, the
20present value of the increase in benefits resulting from the
21portion of the increase in earnings that is in excess of 3%.
22This present value shall be computed by the System on the basis
23of the actuarial assumptions and tables used in the most recent
24actuarial valuation of the System that is available at the time
25of the computation. The System may require the employer to
26provide any pertinent information or documentation.

 

 

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1    Whenever it determines that a payment is or may be required
2under this subsection (g-1), the System shall calculate the
3amount of the payment and bill the employer for that amount.
4The bill shall specify the calculations used to determine the
5amount due. If the employer disputes the amount of the bill, it
6may, within 30 days after receipt of the bill, apply to the
7System in writing for a recalculation. The application must
8specify in detail the grounds of the dispute and, if the
9employer asserts that subsection (g) of this Section applies,
10must include an affidavit setting forth and attesting to all
11facts within the employer's knowledge that are pertinent to the
12applicability of subsection (g). Upon receiving a timely
13application for recalculation, the System shall review the
14application and, if appropriate, recalculate the amount due.
15    The employer contributions required under this subsection
16(g-1) may be paid in the form of a lump sum within 90 days after
17receipt of the bill. If the employer contributions are not paid
18within 90 days after receipt of the bill, then interest shall
19be charged at a rate equal to the System's annual actuarially
20assumed rate of return on investment compounded annually from
21the 91st day after receipt of the bill. Payments must be
22concluded within 3 years after the employer's receipt of the
23bill.
24    This subsection (g-1) does not apply to (1) Tier 2 hybrid
25plan members and (2) Tier 2 defined benefit members who first
26participate under this Article on or after the implementation

 

 

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1date of the Optional Hybrid Plan.
2    (h) This subsection (h) applies only to payments made or
3salary increases given on or after June 1, 2005 but before July
41, 2011. The changes made by Public Act 94-1057 shall not
5require the System to refund any payments received before July
631, 2006 (the effective date of Public Act 94-1057).
7    When assessing payment for any amount due under subsection
8(g), the System shall exclude earnings increases paid to
9participants under contracts or collective bargaining
10agreements entered into, amended, or renewed before June 1,
112005.
12    When assessing payment for any amount due under subsection
13(g), the System shall exclude earnings increases paid to a
14participant at a time when the participant is 10 or more years
15from retirement eligibility under Section 15-135.
16    When assessing payment for any amount due under subsection
17(g), the System shall exclude earnings increases resulting from
18overload work, including a contract for summer teaching, or
19overtime when the employer has certified to the System, and the
20System has approved the certification, that: (i) in the case of
21overloads (A) the overload work is for the sole purpose of
22academic instruction in excess of the standard number of
23instruction hours for a full-time employee occurring during the
24academic year that the overload is paid and (B) the earnings
25increases are equal to or less than the rate of pay for
26academic instruction computed using the participant's current

 

 

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1salary rate and work schedule; and (ii) in the case of
2overtime, the overtime was necessary for the educational
3mission.
4    When assessing payment for any amount due under subsection
5(g), the System shall exclude any earnings increase resulting
6from (i) a promotion for which the employee moves from one
7classification to a higher classification under the State
8Universities Civil Service System, (ii) a promotion in academic
9rank for a tenured or tenure-track faculty position, or (iii) a
10promotion that the Illinois Community College Board has
11recommended in accordance with subsection (k) of this Section.
12These earnings increases shall be excluded only if the
13promotion is to a position that has existed and been filled by
14a member for no less than one complete academic year and the
15earnings increase as a result of the promotion is an increase
16that results in an amount no greater than the average salary
17paid for other similar positions.
18    (i) When assessing payment for any amount due under
19subsection (g), the System shall exclude any salary increase
20described in subsection (h) of this Section given on or after
21July 1, 2011 but before July 1, 2014 under a contract or
22collective bargaining agreement entered into, amended, or
23renewed on or after June 1, 2005 but before July 1, 2011.
24Notwithstanding any other provision of this Section, any
25payments made or salary increases given after June 30, 2014
26shall be used in assessing payment for any amount due under

 

 

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1subsection (g) of this Section.
2    (j) The System shall prepare a report and file copies of
3the report with the Governor and the General Assembly by
4January 1, 2007 that contains all of the following information:
5        (1) The number of recalculations required by the
6    changes made to this Section by Public Act 94-1057 for each
7    employer.
8        (2) The dollar amount by which each employer's
9    contribution to the System was changed due to
10    recalculations required by Public Act 94-1057.
11        (3) The total amount the System received from each
12    employer as a result of the changes made to this Section by
13    Public Act 94-4.
14        (4) The increase in the required State contribution
15    resulting from the changes made to this Section by Public
16    Act 94-1057.
17    (j-5) For State fiscal years beginning on or after July 1,
182017, if the amount of a participant's earnings for any State
19fiscal year exceeds the amount of the salary set by law for the
20Governor that is in effect on July 1 of that fiscal year, the
21participant's employer shall pay to the System, in addition to
22all other payments required under this Section and in
23accordance with guidelines established by the System, an amount
24determined by the System to be equal to the employer normal
25cost, as established by the System and expressed as a total
26percentage of payroll, multiplied by the amount of earnings in

 

 

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1excess of the amount of the salary set by law for the Governor.
2This amount shall be computed by the System on the basis of the
3actuarial assumptions and tables used in the most recent
4actuarial valuation of the System that is available at the time
5of the computation. The System may require the employer to
6provide any pertinent information or documentation.
7    Whenever it determines that a payment is or may be required
8under this subsection, the System shall calculate the amount of
9the payment and bill the employer for that amount. The bill
10shall specify the calculation used to determine the amount due.
11If the employer disputes the amount of the bill, it may, within
1230 days after receipt of the bill, apply to the System in
13writing for a recalculation. The application must specify in
14detail the grounds of the dispute. Upon receiving a timely
15application for recalculation, the System shall review the
16application and, if appropriate, recalculate the amount due.
17    The employer contributions required under this subsection
18may be paid in the form of a lump sum within 90 days after
19issuance of the bill. If the employer contributions are not
20paid within 90 days after issuance of the bill, then interest
21will be charged at a rate equal to the System's annual
22actuarially assumed rate of return on investment compounded
23annually from the 91st day after issuance of the bill. All
24payments must be received within 3 years after issuance of the
25bill. If the employer fails to make complete payment, including
26applicable interest, within 3 years, then the System may, after

 

 

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1giving notice to the employer, certify the delinquent amount to
2the State Comptroller, and the Comptroller shall thereupon
3deduct the certified delinquent amount from State funds payable
4to the employer and pay them instead to the System.
5    This subsection (j-5) does not apply to a participant's
6earnings to the extent an employer pays the employer normal
7cost of such earnings.
8    The changes made to this subsection (j-5) by Public Act
9100-624 this amendatory Act of the 100th General Assembly are
10intended to apply retroactively to July 6, 2017 (the effective
11date of Public Act 100-23).
12    (k) The Illinois Community College Board shall adopt rules
13for recommending lists of promotional positions submitted to
14the Board by community colleges and for reviewing the
15promotional lists on an annual basis. When recommending
16promotional lists, the Board shall consider the similarity of
17the positions submitted to those positions recognized for State
18universities by the State Universities Civil Service System.
19The Illinois Community College Board shall file a copy of its
20findings with the System. The System shall consider the
21findings of the Illinois Community College Board when making
22determinations under this Section. The System shall not exclude
23any earnings increases resulting from a promotion when the
24promotion was not submitted by a community college. Nothing in
25this subsection (k) shall require any community college to
26submit any information to the Community College Board.

 

 

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1    (l) For purposes of determining the required State
2contribution to the System, the value of the System's assets
3shall be equal to the actuarial value of the System's assets,
4which shall be calculated as follows:
5    As of June 30, 2008, the actuarial value of the System's
6assets shall be equal to the market value of the assets as of
7that date. In determining the actuarial value of the System's
8assets for fiscal years after June 30, 2008, any actuarial
9gains or losses from investment return incurred in a fiscal
10year shall be recognized in equal annual amounts over the
115-year period following that fiscal year.
12    (m) For purposes of determining the required State
13contribution to the system for a particular year, the actuarial
14value of assets shall be assumed to earn a rate of return equal
15to the system's actuarially assumed rate of return.
16(Source: P.A. 99-897, eff. 1-1-17; 100-23, eff. 7-6-17;
17100-587, eff. 6-4-18; 100-624, eff. 7-20-18; revised 7-30-18.)
 
18    (40 ILCS 5/16-158)   (from Ch. 108 1/2, par. 16-158)
19    Sec. 16-158. Contributions by State and other employing
20units.
21    (a) The State shall make contributions to the System by
22means of appropriations from the Common School Fund and other
23State funds of amounts which, together with other employer
24contributions, employee contributions, investment income, and
25other income, will be sufficient to meet the cost of

 

 

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1maintaining and administering the System on a 90% funded basis
2in accordance with actuarial recommendations.
3    The Board shall determine the amount of State contributions
4required for each fiscal year on the basis of the actuarial
5tables and other assumptions adopted by the Board and the
6recommendations of the actuary, using the formula in subsection
7(b-3).
8    (a-1) Annually, on or before November 15 until November 15,
92011, the Board shall certify to the Governor the amount of the
10required State contribution for the coming fiscal year. The
11certification under this subsection (a-1) shall include a copy
12of the actuarial recommendations upon which it is based and
13shall specifically identify the System's projected State
14normal cost for that fiscal year.
15    On or before May 1, 2004, the Board shall recalculate and
16recertify to the Governor the amount of the required State
17contribution to the System for State fiscal year 2005, taking
18into account the amounts appropriated to and received by the
19System under subsection (d) of Section 7.2 of the General
20Obligation Bond Act.
21    On or before July 1, 2005, the Board shall recalculate and
22recertify to the Governor the amount of the required State
23contribution to the System for State fiscal year 2006, taking
24into account the changes in required State contributions made
25by Public Act 94-4.
26    On or before April 1, 2011, the Board shall recalculate and

 

 

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1recertify to the Governor the amount of the required State
2contribution to the System for State fiscal year 2011, applying
3the changes made by Public Act 96-889 to the System's assets
4and liabilities as of June 30, 2009 as though Public Act 96-889
5was approved on that date.
6    (a-5) On or before November 1 of each year, beginning
7November 1, 2012, the Board shall submit to the State Actuary,
8the Governor, and the General Assembly a proposed certification
9of the amount of the required State contribution to the System
10for the next fiscal year, along with all of the actuarial
11assumptions, calculations, and data upon which that proposed
12certification is based. On or before January 1 of each year,
13beginning January 1, 2013, the State Actuary shall issue a
14preliminary report concerning the proposed certification and
15identifying, if necessary, recommended changes in actuarial
16assumptions that the Board must consider before finalizing its
17certification of the required State contributions. On or before
18January 15, 2013 and each January 15 thereafter, the Board
19shall certify to the Governor and the General Assembly the
20amount of the required State contribution for the next fiscal
21year. The Board's certification must note any deviations from
22the State Actuary's recommended changes, the reason or reasons
23for not following the State Actuary's recommended changes, and
24the fiscal impact of not following the State Actuary's
25recommended changes on the required State contribution.
26    (a-10) By November 1, 2017, the Board shall recalculate and

 

 

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1recertify to the State Actuary, the Governor, and the General
2Assembly the amount of the State contribution to the System for
3State fiscal year 2018, taking into account the changes in
4required State contributions made by Public Act 100-23. The
5State Actuary shall review the assumptions and valuations
6underlying the Board's revised certification and issue a
7preliminary report concerning the proposed recertification and
8identifying, if necessary, recommended changes in actuarial
9assumptions that the Board must consider before finalizing its
10certification of the required State contributions. The Board's
11final certification must note any deviations from the State
12Actuary's recommended changes, the reason or reasons for not
13following the State Actuary's recommended changes, and the
14fiscal impact of not following the State Actuary's recommended
15changes on the required State contribution.
16    (a-15) On or after June 15, 2019, but no later than June
1730, 2019, the Board shall recalculate and recertify to the
18Governor and the General Assembly the amount of the State
19contribution to the System for State fiscal year 2019, taking
20into account the changes in required State contributions made
21by Public Act 100-587 this amendatory Act of the 100th General
22Assembly. The recalculation shall be made using assumptions
23adopted by the Board for the original fiscal year 2019
24certification. The monthly voucher for the 12th month of fiscal
25year 2019 shall be paid by the Comptroller after the
26recertification required pursuant to this subsection is

 

 

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1submitted to the Governor, Comptroller, and General Assembly.
2The recertification submitted to the General Assembly shall be
3filed with the Clerk of the House of Representatives and the
4Secretary of the Senate in electronic form only, in the manner
5that the Clerk and the Secretary shall direct.
6    (b) Through State fiscal year 1995, the State contributions
7shall be paid to the System in accordance with Section 18-7 of
8the School Code.
9    (b-1) Beginning in State fiscal year 1996, on the 15th day
10of each month, or as soon thereafter as may be practicable, the
11Board shall submit vouchers for payment of State contributions
12to the System, in a total monthly amount of one-twelfth of the
13required annual State contribution certified under subsection
14(a-1). From March 5, 2004 (the effective date of Public Act
1593-665) through June 30, 2004, the Board shall not submit
16vouchers for the remainder of fiscal year 2004 in excess of the
17fiscal year 2004 certified contribution amount determined
18under this Section after taking into consideration the transfer
19to the System under subsection (a) of Section 6z-61 of the
20State Finance Act. These vouchers shall be paid by the State
21Comptroller and Treasurer by warrants drawn on the funds
22appropriated to the System for that fiscal year.
23    If in any month the amount remaining unexpended from all
24other appropriations to the System for the applicable fiscal
25year (including the appropriations to the System under Section
268.12 of the State Finance Act and Section 1 of the State

 

 

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1Pension Funds Continuing Appropriation Act) is less than the
2amount lawfully vouchered under this subsection, the
3difference shall be paid from the Common School Fund under the
4continuing appropriation authority provided in Section 1.1 of
5the State Pension Funds Continuing Appropriation Act.
6    (b-2) Allocations from the Common School Fund apportioned
7to school districts not coming under this System shall not be
8diminished or affected by the provisions of this Article.
9    (b-3) For State fiscal years 2012 through 2045, the minimum
10contribution to the System to be made by the State for each
11fiscal year shall be an amount determined by the System to be
12sufficient to bring the total assets of the System up to 90% of
13the total actuarial liabilities of the System by the end of
14State fiscal year 2045. In making these determinations, the
15required State contribution shall be calculated each year as a
16level percentage of payroll over the years remaining to and
17including fiscal year 2045 and shall be determined under the
18projected unit credit actuarial cost method.
19    For each of State fiscal years 2018, 2019, and 2020, the
20State shall make an additional contribution to the System equal
21to 2% of the total payroll of each employee who is deemed to
22have elected the benefits under Section 1-161 or who has made
23the election under subsection (c) of Section 1-161.
24    A change in an actuarial or investment assumption that
25increases or decreases the required State contribution and
26first applies in State fiscal year 2018 or thereafter shall be

 

 

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1implemented in equal annual amounts over a 5-year period
2beginning in the State fiscal year in which the actuarial
3change first applies to the required State contribution.
4    A change in an actuarial or investment assumption that
5increases or decreases the required State contribution and
6first applied to the State contribution in fiscal year 2014,
72015, 2016, or 2017 shall be implemented:
8        (i) as already applied in State fiscal years before
9    2018; and
10        (ii) in the portion of the 5-year period beginning in
11    the State fiscal year in which the actuarial change first
12    applied that occurs in State fiscal year 2018 or
13    thereafter, by calculating the change in equal annual
14    amounts over that 5-year period and then implementing it at
15    the resulting annual rate in each of the remaining fiscal
16    years in that 5-year period.
17    For State fiscal years 1996 through 2005, the State
18contribution to the System, as a percentage of the applicable
19employee payroll, shall be increased in equal annual increments
20so that by State fiscal year 2011, the State is contributing at
21the rate required under this Section; except that in the
22following specified State fiscal years, the State contribution
23to the System shall not be less than the following indicated
24percentages of the applicable employee payroll, even if the
25indicated percentage will produce a State contribution in
26excess of the amount otherwise required under this subsection

 

 

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1and subsection (a), and notwithstanding any contrary
2certification made under subsection (a-1) before May 27, 1998
3(the effective date of Public Act 90-582): 10.02% in FY 1999;
410.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY 2002; 12.86%
5in FY 2003; and 13.56% in FY 2004.
6    Notwithstanding any other provision of this Article, the
7total required State contribution for State fiscal year 2006 is
8$534,627,700.
9    Notwithstanding any other provision of this Article, the
10total required State contribution for State fiscal year 2007 is
11$738,014,500.
12    For each of State fiscal years 2008 through 2009, the State
13contribution to the System, as a percentage of the applicable
14employee payroll, shall be increased in equal annual increments
15from the required State contribution for State fiscal year
162007, so that by State fiscal year 2011, the State is
17contributing at the rate otherwise required under this Section.
18    Notwithstanding any other provision of this Article, the
19total required State contribution for State fiscal year 2010 is
20$2,089,268,000 and shall be made from the proceeds of bonds
21sold in fiscal year 2010 pursuant to Section 7.2 of the General
22Obligation Bond Act, less (i) the pro rata share of bond sale
23expenses determined by the System's share of total bond
24proceeds, (ii) any amounts received from the Common School Fund
25in fiscal year 2010, and (iii) any reduction in bond proceeds
26due to the issuance of discounted bonds, if applicable.

 

 

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1    Notwithstanding any other provision of this Article, the
2total required State contribution for State fiscal year 2011 is
3the amount recertified by the System on or before April 1, 2011
4pursuant to subsection (a-1) of this Section and shall be made
5from the proceeds of bonds sold in fiscal year 2011 pursuant to
6Section 7.2 of the General Obligation Bond Act, less (i) the
7pro rata share of bond sale expenses determined by the System's
8share of total bond proceeds, (ii) any amounts received from
9the Common School Fund in fiscal year 2011, and (iii) any
10reduction in bond proceeds due to the issuance of discounted
11bonds, if applicable. This amount shall include, in addition to
12the amount certified by the System, an amount necessary to meet
13employer contributions required by the State as an employer
14under paragraph (e) of this Section, which may also be used by
15the System for contributions required by paragraph (a) of
16Section 16-127.
17    Beginning in State fiscal year 2046, the minimum State
18contribution for each fiscal year shall be the amount needed to
19maintain the total assets of the System at 90% of the total
20actuarial liabilities of the System.
21    Amounts received by the System pursuant to Section 25 of
22the Budget Stabilization Act or Section 8.12 of the State
23Finance Act in any fiscal year do not reduce and do not
24constitute payment of any portion of the minimum State
25contribution required under this Article in that fiscal year.
26Such amounts shall not reduce, and shall not be included in the

 

 

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1calculation of, the required State contributions under this
2Article in any future year until the System has reached a
3funding ratio of at least 90%. A reference in this Article to
4the "required State contribution" or any substantially similar
5term does not include or apply to any amounts payable to the
6System under Section 25 of the Budget Stabilization Act.
7    Notwithstanding any other provision of this Section, the
8required State contribution for State fiscal year 2005 and for
9fiscal year 2008 and each fiscal year thereafter, as calculated
10under this Section and certified under subsection (a-1), shall
11not exceed an amount equal to (i) the amount of the required
12State contribution that would have been calculated under this
13Section for that fiscal year if the System had not received any
14payments under subsection (d) of Section 7.2 of the General
15Obligation Bond Act, minus (ii) the portion of the State's
16total debt service payments for that fiscal year on the bonds
17issued in fiscal year 2003 for the purposes of that Section
187.2, as determined and certified by the Comptroller, that is
19the same as the System's portion of the total moneys
20distributed under subsection (d) of Section 7.2 of the General
21Obligation Bond Act. In determining this maximum for State
22fiscal years 2008 through 2010, however, the amount referred to
23in item (i) shall be increased, as a percentage of the
24applicable employee payroll, in equal increments calculated
25from the sum of the required State contribution for State
26fiscal year 2007 plus the applicable portion of the State's

 

 

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1total debt service payments for fiscal year 2007 on the bonds
2issued in fiscal year 2003 for the purposes of Section 7.2 of
3the General Obligation Bond Act, so that, by State fiscal year
42011, the State is contributing at the rate otherwise required
5under this Section.
6    (b-4) Beginning in fiscal year 2018, each employer under
7this Article shall pay to the System a required contribution
8determined as a percentage of projected payroll and sufficient
9to produce an annual amount equal to:
10        (i) for each of fiscal years 2018, 2019, and 2020, the
11    defined benefit normal cost of the defined benefit plan,
12    less the employee contribution, for each employee of that
13    employer who has elected or who is deemed to have elected
14    the benefits under Section 1-161 or who has made the
15    election under subsection (b) of Section 1-161; for fiscal
16    year 2021 and each fiscal year thereafter, the defined
17    benefit normal cost of the defined benefit plan, less the
18    employee contribution, plus 2%, for each employee of that
19    employer who has elected or who is deemed to have elected
20    the benefits under Section 1-161 or who has made the
21    election under subsection (b) of Section 1-161; plus
22        (ii) the amount required for that fiscal year to
23    amortize any unfunded actuarial accrued liability
24    associated with the present value of liabilities
25    attributable to the employer's account under Section
26    16-158.3, determined as a level percentage of payroll over

 

 

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1    a 30-year rolling amortization period.
2    In determining contributions required under item (i) of
3this subsection, the System shall determine an aggregate rate
4for all employers, expressed as a percentage of projected
5payroll.
6    In determining the contributions required under item (ii)
7of this subsection, the amount shall be computed by the System
8on the basis of the actuarial assumptions and tables used in
9the most recent actuarial valuation of the System that is
10available at the time of the computation.
11    The contributions required under this subsection (b-4)
12shall be paid by an employer concurrently with that employer's
13payroll payment period. The State, as the actual employer of an
14employee, shall make the required contributions under this
15subsection.
16    (c) Payment of the required State contributions and of all
17pensions, retirement annuities, death benefits, refunds, and
18other benefits granted under or assumed by this System, and all
19expenses in connection with the administration and operation
20thereof, are obligations of the State.
21    If members are paid from special trust or federal funds
22which are administered by the employing unit, whether school
23district or other unit, the employing unit shall pay to the
24System from such funds the full accruing retirement costs based
25upon that service, which, beginning July 1, 2017, shall be at a
26rate, expressed as a percentage of salary, equal to the total

 

 

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1employer's normal cost, expressed as a percentage of payroll,
2as determined by the System. Employer contributions, based on
3salary paid to members from federal funds, may be forwarded by
4the distributing agency of the State of Illinois to the System
5prior to allocation, in an amount determined in accordance with
6guidelines established by such agency and the System. Any
7contribution for fiscal year 2015 collected as a result of the
8change made by Public Act 98-674 shall be considered a State
9contribution under subsection (b-3) of this Section.
10    (d) Effective July 1, 1986, any employer of a teacher as
11defined in paragraph (8) of Section 16-106 shall pay the
12employer's normal cost of benefits based upon the teacher's
13service, in addition to employee contributions, as determined
14by the System. Such employer contributions shall be forwarded
15monthly in accordance with guidelines established by the
16System.
17    However, with respect to benefits granted under Section
1816-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
19of Section 16-106, the employer's contribution shall be 12%
20(rather than 20%) of the member's highest annual salary rate
21for each year of creditable service granted, and the employer
22shall also pay the required employee contribution on behalf of
23the teacher. For the purposes of Sections 16-133.4 and
2416-133.5, a teacher as defined in paragraph (8) of Section
2516-106 who is serving in that capacity while on leave of
26absence from another employer under this Article shall not be

 

 

SB1952- 32 -LRB101 10858 AXK 55998 b

1considered an employee of the employer from which the teacher
2is on leave.
3    (e) Beginning July 1, 1998, every employer of a teacher
4shall pay to the System an employer contribution computed as
5follows:
6        (1) Beginning July 1, 1998 through June 30, 1999, the
7    employer contribution shall be equal to 0.3% of each
8    teacher's salary.
9        (2) Beginning July 1, 1999 and thereafter, the employer
10    contribution shall be equal to 0.58% of each teacher's
11    salary.
12The school district or other employing unit may pay these
13employer contributions out of any source of funding available
14for that purpose and shall forward the contributions to the
15System on the schedule established for the payment of member
16contributions.
17    These employer contributions are intended to offset a
18portion of the cost to the System of the increases in
19retirement benefits resulting from Public Act 90-582.
20    Each employer of teachers is entitled to a credit against
21the contributions required under this subsection (e) with
22respect to salaries paid to teachers for the period January 1,
232002 through June 30, 2003, equal to the amount paid by that
24employer under subsection (a-5) of Section 6.6 of the State
25Employees Group Insurance Act of 1971 with respect to salaries
26paid to teachers for that period.

 

 

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1    The additional 1% employee contribution required under
2Section 16-152 by Public Act 90-582 is the responsibility of
3the teacher and not the teacher's employer, unless the employer
4agrees, through collective bargaining or otherwise, to make the
5contribution on behalf of the teacher.
6    If an employer is required by a contract in effect on May
71, 1998 between the employer and an employee organization to
8pay, on behalf of all its full-time employees covered by this
9Article, all mandatory employee contributions required under
10this Article, then the employer shall be excused from paying
11the employer contribution required under this subsection (e)
12for the balance of the term of that contract. The employer and
13the employee organization shall jointly certify to the System
14the existence of the contractual requirement, in such form as
15the System may prescribe. This exclusion shall cease upon the
16termination, extension, or renewal of the contract at any time
17after May 1, 1998.
18    (f) If For school years beginning on or after June 1, 2005
19and before July 1, 2018 and for salary paid to a teacher under
20a contract or collective bargaining agreement entered into,
21amended, or renewed before the effective date ofthis amendatory
22Act of the 100th General Assembly, if the amount of a teacher's
23salary for any school year used to determine final average
24salary exceeds the member's annual full-time salary rate with
25the same employer for the previous school year by more than 6%,
26the teacher's employer shall pay to the System, in addition to

 

 

SB1952- 34 -LRB101 10858 AXK 55998 b

1all other payments required under this Section and in
2accordance with guidelines established by the System, the
3present value of the increase in benefits resulting from the
4portion of the increase in salary that is in excess of 6%. This
5present value shall be computed by the System on the basis of
6the actuarial assumptions and tables used in the most recent
7actuarial valuation of the System that is available at the time
8of the computation. If a teacher's salary for the 2005-2006
9school year is used to determine final average salary under
10this subsection (f), then the changes made to this subsection
11(f) by Public Act 94-1057 shall apply in calculating whether
12the increase in his or her salary is in excess of 6%. For the
13purposes of this Section, change in employment under Section
1410-21.12 of the School Code on or after June 1, 2005 shall
15constitute a change in employer. The System may require the
16employer to provide any pertinent information or
17documentation. The changes made to this subsection (f) by
18Public Act 94-1111 apply without regard to whether the teacher
19was in service on or after its effective date.
20    Whenever it determines that a payment is or may be required
21under this subsection, the System shall calculate the amount of
22the payment and bill the employer for that amount. The bill
23shall specify the calculations used to determine the amount
24due. If the employer disputes the amount of the bill, it may,
25within 30 days after receipt of the bill, apply to the System
26in writing for a recalculation. The application must specify in

 

 

SB1952- 35 -LRB101 10858 AXK 55998 b

1detail the grounds of the dispute and, if the employer asserts
2that the calculation is subject to subsection (g) or (h) of
3this Section or that subsection (f-1) of this Section applies,
4must include an affidavit setting forth and attesting to all
5facts within the employer's knowledge that are pertinent to the
6applicability of that subsection. Upon receiving a timely
7application for recalculation, the System shall review the
8application and, if appropriate, recalculate the amount due.
9    The employer contributions required under this subsection
10(f) may be paid in the form of a lump sum within 90 days after
11receipt of the bill. If the employer contributions are not paid
12within 90 days after receipt of the bill, then interest will be
13charged at a rate equal to the System's annual actuarially
14assumed rate of return on investment compounded annually from
15the 91st day after receipt of the bill. Payments must be
16concluded within 3 years after the employer's receipt of the
17bill.
18    (f-1) (Blank). For school years beginning on or after July
191, 2018 and for salary paid to a teacher under a contract or
20collective bargaining agreement entered into, amended, or
21renewed on or after the effective date of this amendatory Act
22of the 100th General Assembly, if the amount of a teacher's
23salary for any school year used to determine final average
24salary exceeds the member's annual full-time salary rate with
25the same employer for the previous school year by more than 3%,
26then the teacher's employer shall pay to the System, in

 

 

SB1952- 36 -LRB101 10858 AXK 55998 b

1addition to all other payments required under this Section and
2in accordance with guidelines established by the System, the
3present value of the increase in benefits resulting from the
4portion of the increase in salary that is in excess of 3%. This
5present value shall be computed by the System on the basis of
6the actuarial assumptions and tables used in the most recent
7actuarial valuation of the System that is available at the time
8of the computation. The System may require the employer to
9provide any pertinent information or documentation.
10    Whenever it determines that a payment is or may be required
11under this subsection (f-1), the System shall calculate the
12amount of the payment and bill the employer for that amount.
13The bill shall specify the calculations used to determine the
14amount due. If the employer disputes the amount of the bill, it
15shall, within 30 days after receipt of the bill, apply to the
16System in writing for a recalculation. The application must
17specify in detail the grounds of the dispute and, if the
18employer asserts that subsection (f) of this Section applies,
19must include an affidavit setting forth and attesting to all
20facts within the employer's knowledge that are pertinent to the
21applicability of subsection (f). Upon receiving a timely
22application for recalculation, the System shall review the
23application and, if appropriate, recalculate the amount due.
24    The employer contributions required under this subsection
25(f-1) may be paid in the form of a lump sum within 90 days after
26receipt of the bill. If the employer contributions are not paid

 

 

SB1952- 37 -LRB101 10858 AXK 55998 b

1within 90 days after receipt of the bill, then interest shall
2be charged at a rate equal to the System's annual actuarially
3assumed rate of return on investment compounded annually from
4the 91st day after receipt of the bill. Payments must be
5concluded within 3 years after the employer's receipt of the
6bill.
7    (g) This subsection (g) applies only to payments made or
8salary increases given on or after June 1, 2005 but before July
91, 2011. The changes made by Public Act 94-1057 shall not
10require the System to refund any payments received before July
1131, 2006 (the effective date of Public Act 94-1057).
12    When assessing payment for any amount due under subsection
13(f), the System shall exclude salary increases paid to teachers
14under contracts or collective bargaining agreements entered
15into, amended, or renewed before June 1, 2005.
16    When assessing payment for any amount due under subsection
17(f), the System shall exclude salary increases paid to a
18teacher at a time when the teacher is 10 or more years from
19retirement eligibility under Section 16-132 or 16-133.2.
20    When assessing payment for any amount due under subsection
21(f), the System shall exclude salary increases resulting from
22overload work, including summer school, when the school
23district has certified to the System, and the System has
24approved the certification, that (i) the overload work is for
25the sole purpose of classroom instruction in excess of the
26standard number of classes for a full-time teacher in a school

 

 

SB1952- 38 -LRB101 10858 AXK 55998 b

1district during a school year and (ii) the salary increases are
2equal to or less than the rate of pay for classroom instruction
3computed on the teacher's current salary and work schedule.
4    When assessing payment for any amount due under subsection
5(f), the System shall exclude a salary increase resulting from
6a promotion (i) for which the employee is required to hold a
7certificate or supervisory endorsement issued by the State
8Teacher Certification Board that is a different certification
9or supervisory endorsement than is required for the teacher's
10previous position and (ii) to a position that has existed and
11been filled by a member for no less than one complete academic
12year and the salary increase from the promotion is an increase
13that results in an amount no greater than the lesser of the
14average salary paid for other similar positions in the district
15requiring the same certification or the amount stipulated in
16the collective bargaining agreement for a similar position
17requiring the same certification.
18    When assessing payment for any amount due under subsection
19(f), the System shall exclude any payment to the teacher from
20the State of Illinois or the State Board of Education over
21which the employer does not have discretion, notwithstanding
22that the payment is included in the computation of final
23average salary.
24    (h) When assessing payment for any amount due under
25subsection (f), the System shall exclude any salary increase
26described in subsection (g) of this Section given on or after

 

 

SB1952- 39 -LRB101 10858 AXK 55998 b

1July 1, 2011 but before July 1, 2014 under a contract or
2collective bargaining agreement entered into, amended, or
3renewed on or after June 1, 2005 but before July 1, 2011.
4Notwithstanding any other provision of this Section, any
5payments made or salary increases given after June 30, 2014
6shall be used in assessing payment for any amount due under
7subsection (f) of this Section.
8    (i) The System shall prepare a report and file copies of
9the report with the Governor and the General Assembly by
10January 1, 2007 that contains all of the following information:
11        (1) The number of recalculations required by the
12    changes made to this Section by Public Act 94-1057 for each
13    employer.
14        (2) The dollar amount by which each employer's
15    contribution to the System was changed due to
16    recalculations required by Public Act 94-1057.
17        (3) The total amount the System received from each
18    employer as a result of the changes made to this Section by
19    Public Act 94-4.
20        (4) The increase in the required State contribution
21    resulting from the changes made to this Section by Public
22    Act 94-1057.
23    (i-5) For school years beginning on or after July 1, 2017,
24if the amount of a participant's salary for any school year
25exceeds the amount of the salary set for the Governor, the
26participant's employer shall pay to the System, in addition to

 

 

SB1952- 40 -LRB101 10858 AXK 55998 b

1all other payments required under this Section and in
2accordance with guidelines established by the System, an amount
3determined by the System to be equal to the employer normal
4cost, as established by the System and expressed as a total
5percentage of payroll, multiplied by the amount of salary in
6excess of the amount of the salary set for the Governor. This
7amount shall be computed by the System on the basis of the
8actuarial assumptions and tables used in the most recent
9actuarial valuation of the System that is available at the time
10of the computation. The System may require the employer to
11provide any pertinent information or documentation.
12    Whenever it determines that a payment is or may be required
13under this subsection, the System shall calculate the amount of
14the payment and bill the employer for that amount. The bill
15shall specify the calculations used to determine the amount
16due. If the employer disputes the amount of the bill, it may,
17within 30 days after receipt of the bill, apply to the System
18in writing for a recalculation. The application must specify in
19detail the grounds of the dispute. Upon receiving a timely
20application for recalculation, the System shall review the
21application and, if appropriate, recalculate the amount due.
22    The employer contributions required under this subsection
23may be paid in the form of a lump sum within 90 days after
24receipt of the bill. If the employer contributions are not paid
25within 90 days after receipt of the bill, then interest will be
26charged at a rate equal to the System's annual actuarially

 

 

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1assumed rate of return on investment compounded annually from
2the 91st day after receipt of the bill. Payments must be
3concluded within 3 years after the employer's receipt of the
4bill.
5    (j) For purposes of determining the required State
6contribution to the System, the value of the System's assets
7shall be equal to the actuarial value of the System's assets,
8which shall be calculated as follows:
9    As of June 30, 2008, the actuarial value of the System's
10assets shall be equal to the market value of the assets as of
11that date. In determining the actuarial value of the System's
12assets for fiscal years after June 30, 2008, any actuarial
13gains or losses from investment return incurred in a fiscal
14year shall be recognized in equal annual amounts over the
155-year period following that fiscal year.
16    (k) For purposes of determining the required State
17contribution to the system for a particular year, the actuarial
18value of assets shall be assumed to earn a rate of return equal
19to the system's actuarially assumed rate of return.
20(Source: P.A. 100-23, eff. 7-6-17; 100-340, eff. 8-25-17;
21100-587, eff. 6-4-18; 100-624, eff. 7-20-18; 100-863, eff.
228-14-18; revised 10-4-18.)
 
23    Section 10. The School Code is amended by changing Sections
2421B-20, 21B-30, 21B-35, 21B-50, 21B-55, and 27A-10 and by
25adding Section 24-8.5 as follows:
 

 

 

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1    (105 ILCS 5/21B-20)
2    Sec. 21B-20. Types of licenses. The State Board of
3Education shall implement a system of educator licensure,
4whereby individuals employed in school districts who are
5required to be licensed must have one of the following
6licenses: (i) a professional educator license; (ii) an educator
7license with stipulations; (iii) a substitute teaching
8license; or (iv) until June 30, 2023, a short-term substitute
9teaching license. References in law regarding individuals
10certified or certificated or required to be certified or
11certificated under Article 21 of this Code shall also include
12individuals licensed or required to be licensed under this
13Article. The first year of all licenses ends on June 30
14following one full year of the license being issued.
15    The State Board of Education, in consultation with the
16State Educator Preparation and Licensure Board, may adopt such
17rules as may be necessary to govern the requirements for
18licenses and endorsements under this Section.
19        (1) Professional Educator License. Persons who (i)
20    have successfully completed an approved educator
21    preparation program and are recommended for licensure by
22    the Illinois institution offering the educator preparation
23    program, (ii) have successfully completed the required
24    testing under Section 21B-30 of this Code, (iii) have
25    successfully completed coursework on the psychology of,

 

 

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1    the identification of, and the methods of instruction for
2    the exceptional child, including without limitation
3    children with learning disabilities, (iv) have
4    successfully completed coursework in methods of reading
5    and reading in the content area, and (v) have met all other
6    criteria established by rule of the State Board of
7    Education shall be issued a Professional Educator License.
8    All Professional Educator Licenses are valid until June 30
9    immediately following 5 years of the license being issued.
10    The Professional Educator License shall be endorsed with
11    specific areas and grade levels in which the individual is
12    eligible to practice.
13        Individuals can receive subsequent endorsements on the
14    Professional Educator License. Subsequent endorsements
15    shall require a minimum of 24 semester hours of coursework
16    in the endorsement area and passage of the applicable
17    content area test, unless otherwise specified by rule.
18        (2) Educator License with Stipulations. An Educator
19    License with Stipulations shall be issued an endorsement
20    that limits the license holder to one particular position
21    or does not require completion of an approved educator
22    program or both.
23        An individual with an Educator License with
24    Stipulations must not be employed by a school district or
25    any other entity to replace any presently employed teacher
26    who otherwise would not be replaced for any reason.

 

 

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1        An Educator License with Stipulations may be issued
2    with the following endorsements:
3            (A) (Blank). A A provisional educator endorsement
4        for a service member or a spouse of a service member is
5        valid until June 30 immediately following 3 years of
6        the license being issued, provided that any remaining
7        testing and coursework deficiencies are met under this
8        Section. In this Section, "spouse of a service member"
9        means any person who, at the time of application under
10        this Section, is the spouse of an active duty member of
11        the United States Armed Forces or any reserve component
12        of the United States Armed Forces or the National Guard
13        of any state, commonwealth, or territory of the United
14        States or the District of Columbia.
15            Except as otherwise provided under this
16        subparagraph, a
17            (B) Alternative provisional educator. An
18        alternative provisional educator endorsement on an
19        Educator License with Stipulations may be issued to an
20        applicant who, at the time of applying for the
21        endorsement, has done all of the following:
22                (i) Graduated from a regionally accredited
23            college or university with a minimum of a
24            bachelor's degree.
25                (ii) Successfully completed the first phase of
26            the Alternative Educator Licensure Program for

 

 

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1            Teachers, as described in Section 21B-50 of this
2            Code.
3                (iii) Passed a test of basic skills and content
4            area test, as required under Section 21B-30 of this
5            Code.
6        The alternative provisional educator endorsement is
7    valid for 2 years of teaching and may be renewed for a
8    third year by an individual meeting the requirements set
9    forth in Section 21B-50 of this Code.
10            (C) Alternative provisional superintendent. An
11        alternative provisional superintendent endorsement on
12        an Educator License with Stipulations entitles the
13        holder to serve only as a superintendent or assistant
14        superintendent in a school district's central office.
15        This endorsement may only be issued to an applicant
16        who, at the time of applying for the endorsement, has
17        done all of the following:
18                (i) Graduated from a regionally accredited
19            college or university with a minimum of a master's
20            degree in a management field other than education.
21                (ii) Been employed for a period of at least 5
22            years in a management level position in a field
23            other than education.
24                (iii) Successfully completed the first phase
25            of an alternative route to superintendent
26            endorsement program, as provided in Section 21B-55

 

 

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1            of this Code.
2                (iv) Passed a test of basic skills and content
3            area test tests required under Section 21B-30 of
4            this Code.
5            The endorsement is valid for 2 fiscal years in
6        order to complete one full year of serving as a
7        superintendent or assistant superintendent.
8            (D) (Blank).
9            (E) Career and technical educator. A career and
10        technical educator endorsement on an Educator License
11        with Stipulations may be issued to an applicant who has
12        a minimum of 60 semester hours of coursework from a
13        regionally accredited institution of higher education
14        or an accredited trade and technical institution and
15        has a minimum of 2,000 hours of experience outside of
16        education in each area to be taught.
17            The career and technical educator endorsement on
18        an Educator License with Stipulations is valid until
19        June 30 immediately following 5 years of the
20        endorsement being issued and may be renewed. For
21        individuals who were issued the career and technical
22        educator endorsement on an Educator License with
23        Stipulations on or after January 1, 2015, the license
24        may be renewed if the individual passes a test of basic
25        skills or test of work proficiency, as required under
26        Section 21B-30 of this Code.

 

 

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1            An individual who holds a valid career and
2        technical educator endorsement on an Educator License
3        with Stipulations but does not hold a bachelor's degree
4        may substitute teach in career and technical education
5        classrooms.
6            (F) Part-time provisional career and technical
7        educator or provisional career and technical educator.
8        A part-time provisional career and technical educator
9        endorsement or a provisional career and technical
10        educator endorsement on an Educator License with
11        Stipulations may be issued to an applicant who has a
12        minimum of 8,000 hours of work experience in the skill
13        for which the applicant is seeking the endorsement. It
14        is the responsibility of each employing school board
15        and regional office of education to provide
16        verification, in writing, to the State Superintendent
17        of Education at the time the application is submitted
18        that no qualified teacher holding a Professional
19        Educator License or an Educator License with
20        Stipulations with a career and technical educator
21        endorsement is available and that actual circumstances
22        require such issuance.
23            The provisional career and technical educator
24        endorsement on an Educator License with Stipulations
25        is valid until June 30 immediately following 5 years of
26        the endorsement being issued and may be renewed for 5

 

 

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1        years. For individuals who were issued the provisional
2        career and technical educator endorsement on an
3        Educator License with Stipulations on or after January
4        1, 2015, the license may be renewed if the individual
5        passes a test of basic skills or test of work
6        proficiency, as required under Section 21B-30 of this
7        Code.
8            A part-time provisional career and technical
9        educator endorsement on an Educator License with
10        Stipulations may be issued for teaching no more than 2
11        courses of study for grades 6 through 12. The part-time
12        provisional career and technical educator endorsement
13        on an Educator License with Stipulations is valid until
14        June 30 immediately following 5 years of the
15        endorsement being issued and may be renewed for 5 years
16        if the individual makes application for renewal.
17            An individual who holds a provisional or part-time
18        provisional career and technical educator endorsement
19        on an Educator License with Stipulations but does not
20        hold a bachelor's degree may substitute teach in career
21        and technical education classrooms.
22            (G) Transitional bilingual educator. A
23        transitional bilingual educator endorsement on an
24        Educator License with Stipulations may be issued for
25        the purpose of providing instruction in accordance
26        with Article 14C of this Code to an applicant who

 

 

SB1952- 49 -LRB101 10858 AXK 55998 b

1        provides satisfactory evidence that he or she meets all
2        of the following requirements:
3                (i) Possesses adequate speaking, reading, and
4            writing ability in the language other than English
5            in which transitional bilingual education is
6            offered.
7                (ii) Has the ability to successfully
8            communicate in English.
9                (iii) Either possessed, within 5 years
10            previous to his or her applying for a transitional
11            bilingual educator endorsement, a valid and
12            comparable teaching certificate or comparable
13            authorization issued by a foreign country or holds
14            a degree from an institution of higher learning in
15            a foreign country that the State Educator
16            Preparation and Licensure Board determines to be
17            the equivalent of a bachelor's degree from a
18            regionally accredited institution of higher
19            learning in the United States.
20            A transitional bilingual educator endorsement
21        shall be valid for prekindergarten through grade 12, is
22        valid until June 30 immediately following 5 years of
23        the endorsement being issued, and shall not be renewed.
24            Persons holding a transitional bilingual educator
25        endorsement shall not be employed to replace any
26        presently employed teacher who otherwise would not be

 

 

SB1952- 50 -LRB101 10858 AXK 55998 b

1        replaced for any reason.
2            (H) Language endorsement. In an effort to
3        alleviate the shortage of teachers speaking a language
4        other than English in the public schools, an individual
5        who holds an Educator License with Stipulations may
6        also apply for a language endorsement, provided that
7        the applicant provides satisfactory evidence that he
8        or she meets all of the following requirements:
9                (i) Holds a transitional bilingual
10            endorsement.
11                (ii) Has demonstrated proficiency in the
12            language for which the endorsement is to be issued
13            by passing the applicable language content test
14            required by the State Board of Education.
15                (iii) Holds a bachelor's degree or higher from
16            a regionally accredited institution of higher
17            education or, for individuals educated in a
18            country other than the United States, holds a
19            degree from an institution of higher learning in a
20            foreign country that the State Educator
21            Preparation and Licensure Board determines to be
22            the equivalent of a bachelor's degree from a
23            regionally accredited institution of higher
24            learning in the United States.
25                (iv) (Blank). Has passed a test of basic
26            skills, as required under Section 21B-30 of this

 

 

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1            Code.
2            A language endorsement on an Educator License with
3        Stipulations is valid for prekindergarten through
4        grade 12 for the same validity period as the
5        individual's transitional bilingual educator
6        endorsement on the Educator License with Stipulations
7        and shall not be renewed.
8            (I) Visiting international educator. A visiting
9        international educator endorsement on an Educator
10        License with Stipulations may be issued to an
11        individual who is being recruited by a particular
12        school district that conducts formal recruitment
13        programs outside of the United States to secure the
14        services of qualified teachers and who meets all of the
15        following requirements:
16                (i) Holds the equivalent of a minimum of a
17            bachelor's degree issued in the United States.
18                (ii) Has been prepared as a teacher at the
19            grade level for which he or she will be employed.
20                (iii) Has adequate content knowledge in the
21            subject to be taught.
22                (iv) Has an adequate command of the English
23            language.
24            A holder of a visiting international educator
25        endorsement on an Educator License with Stipulations
26        shall be permitted to teach in bilingual education

 

 

SB1952- 52 -LRB101 10858 AXK 55998 b

1        programs in the language that was the medium of
2        instruction in his or her teacher preparation program,
3        provided that he or she passes the English Language
4        Proficiency Examination or another test of writing
5        skills in English identified by the State Board of
6        Education, in consultation with the State Educator
7        Preparation and Licensure Board.
8            A visiting international educator endorsement on
9        an Educator License with Stipulations is valid for 3
10        years and shall not be renewed.
11            (J) Paraprofessional educator. A paraprofessional
12        educator endorsement on an Educator License with
13        Stipulations may be issued to an applicant who holds a
14        high school diploma or its recognized equivalent and
15        either holds an associate's degree or a minimum of 60
16        semester hours of credit from a regionally accredited
17        institution of higher education or has passed a test of
18        basic skills required under Section 21B-30 of this
19        Code. The paraprofessional educator endorsement is
20        valid until June 30 immediately following 5 years of
21        the endorsement being issued and may be renewed through
22        application and payment of the appropriate fee, as
23        required under Section 21B-40 of this Code. An
24        individual who holds only a paraprofessional educator
25        endorsement is not subject to additional requirements
26        in order to renew the endorsement.

 

 

SB1952- 53 -LRB101 10858 AXK 55998 b

1            (K) Chief school business official. A chief school
2        business official endorsement on an Educator License
3        with Stipulations may be issued to an applicant who
4        qualifies by having a master's degree or higher, 2
5        years of full-time administrative experience in school
6        business management or 2 years of university-approved
7        practical experience, and a minimum of 24 semester
8        hours of graduate credit in a program approved by the
9        State Board of Education for the preparation of school
10        business administrators and by passage of the
11        applicable State tests, including an a test of basic
12        skills and applicable content area test.
13            The chief school business official endorsement may
14        also be affixed to the Educator License with
15        Stipulations of any holder who qualifies by having a
16        master's degree in business administration, finance,
17        accounting, or public administration and who completes
18        an additional 6 semester hours of internship in school
19        business management from a regionally accredited
20        institution of higher education and passes the
21        applicable State tests, including an a test of basic
22        skills and applicable content area test. This
23        endorsement shall be required for any individual
24        employed as a chief school business official.
25            The chief school business official endorsement on
26        an Educator License with Stipulations is valid until

 

 

SB1952- 54 -LRB101 10858 AXK 55998 b

1        June 30 immediately following 5 years of the
2        endorsement being issued and may be renewed if the
3        license holder completes renewal requirements as
4        required for individuals who hold a Professional
5        Educator License endorsed for chief school business
6        official under Section 21B-45 of this Code and such
7        rules as may be adopted by the State Board of
8        Education.
9            The State Board of Education shall adopt any rules
10        necessary to implement Public Act 100-288.
11            (L) Provisional in-state educator. A provisional
12        in-state educator endorsement on an Educator License
13        with Stipulations may be issued to a candidate who has
14        completed an Illinois-approved educator preparation
15        program at an Illinois institution of higher education
16        and who has not successfully completed an
17        evidence-based assessment of teacher effectiveness but
18        who meets all of the following requirements:
19                (i) Holds at least a bachelor's degree.
20                (ii) Has completed an approved educator
21            preparation program at an Illinois institution.
22                (iii) Has passed an a test of basic skills and
23            applicable content area test, as required by
24            Section 21B-30 of this Code.
25                (iv) Has attempted an evidence-based
26            assessment of teacher effectiveness and received a

 

 

SB1952- 55 -LRB101 10858 AXK 55998 b

1            minimum score on that assessment, as established
2            by the State Board of Education in consultation
3            with the State Educator Preparation and Licensure
4            Board.
5            A provisional in-state educator endorsement on an
6        Educator License with Stipulations is valid for one
7        full fiscal year after the date of issuance and may not
8        be renewed.
9            (M) School support personnel intern. A school
10        support personnel intern endorsement on an Educator
11        License with Stipulations may be issued as specified by
12        rule.
13            (N) Special education area. A special education
14        area endorsement on an Educator License with
15        Stipulations may be issued as defined and specified by
16        rule.
17        (3) Substitute Teaching License. A Substitute Teaching
18    License may be issued to qualified applicants for
19    substitute teaching in all grades of the public schools,
20    prekindergarten through grade 12. Substitute Teaching
21    Licenses are not eligible for endorsements. Applicants for
22    a Substitute Teaching License must hold a bachelor's degree
23    or higher from a regionally accredited institution of
24    higher education.
25        Substitute Teaching Licenses are valid for 5 years.
26        Substitute Teaching Licenses are valid for substitute

 

 

SB1952- 56 -LRB101 10858 AXK 55998 b

1    teaching in every county of this State. If an individual
2    has had his or her Professional Educator License or
3    Educator License with Stipulations suspended or revoked,
4    then that individual is not eligible to obtain a Substitute
5    Teaching License.
6        A substitute teacher may only teach in the place of a
7    licensed teacher who is under contract with the employing
8    board. If, however, there is no licensed teacher under
9    contract because of an emergency situation, then a district
10    may employ a substitute teacher for no longer than 30
11    calendar days per each vacant position in the district if
12    the district notifies the appropriate regional office of
13    education within 5 business days after the employment of
14    the substitute teacher in the emergency situation. An
15    emergency situation is one in which an unforeseen vacancy
16    has occurred and (i) a teacher is unable to fulfill his or
17    her contractual duties or (ii) teacher capacity needs of
18    the district exceed previous indications, and the district
19    is actively engaged in advertising to hire a fully licensed
20    teacher for the vacant position.
21        There is no limit on the number of days that a
22    substitute teacher may teach in a single school district,
23    provided that no substitute teacher may teach for longer
24    than 90 school days for any one licensed teacher under
25    contract in the same school year. A substitute teacher who
26    holds a Professional Educator License or Educator License

 

 

SB1952- 57 -LRB101 10858 AXK 55998 b

1    with Stipulations shall not teach for more than 120 school
2    days for any one licensed teacher under contract in the
3    same school year. The limitations in this paragraph (3) on
4    the number of days a substitute teacher may be employed do
5    not apply to any school district operating under Article 34
6    of this Code.
7        A school district may not require an individual who
8    holds a valid Professional Educator License or Educator
9    License with Stipulations to seek or hold a Substitute
10    Teaching License to teach as a substitute teacher.
11        (4) Short-Term Substitute Teaching License. Beginning
12    on July 1, 2018 and until June 30, 2023, the State Board of
13    Education may issue a Short-Term Substitute Teaching
14    License. A Short-Term Substitute Teaching License may be
15    issued to a qualified applicant for substitute teaching in
16    all grades of the public schools, prekindergarten through
17    grade 12. Short-Term Substitute Teaching Licenses are not
18    eligible for endorsements. Applicants for a Short-Term
19    Substitute Teaching License must hold an associate's
20    degree or have completed at least 60 credit hours from a
21    regionally accredited institution of higher education.
22        Short-Term Substitute Teaching Licenses are valid for
23    substitute teaching in every county of this State. If an
24    individual has had his or her Professional Educator License
25    or Educator License with Stipulations suspended or
26    revoked, then that individual is not eligible to obtain a

 

 

SB1952- 58 -LRB101 10858 AXK 55998 b

1    Short-Term Substitute Teaching License.
2        The provisions of Sections 10-21.9 and 34-18.5 of this
3    Code apply to short-term substitute teachers.
4        An individual holding a Short-Term Substitute Teaching
5    License may teach no more than 5 consecutive days per
6    licensed teacher who is under contract. For teacher
7    absences lasting 6 or more days per licensed teacher who is
8    under contract, a school district may not hire an
9    individual holding a Short-Term Substitute Teaching
10    License. An individual holding a Short-Term Substitute
11    Teaching License must complete the training program under
12    Section 10-20.67 or 34-18.60 of this Code to be eligible to
13    teach at a public school. This paragraph (4) is inoperative
14    on and after July 1, 2023.
15(Source: P.A. 99-35, eff. 1-1-16; 99-58, eff. 7-16-15; 99-143,
16eff. 7-27-15; 99-642, eff. 7-28-16; 99-920, eff. 1-6-17; 100-8,
17eff. 7-1-17; 100-13, eff. 7-1-17; 100-288, eff. 8-24-17;
18100-596, eff. 7-1-18; 100-821, eff. 9-3-18; 100-863, eff.
198-14-18; revised 10-1-18.)
 
20    (105 ILCS 5/21B-30)
21    Sec. 21B-30. Educator testing.
22    (a) This Section applies beginning on July 1, 2012.
23    (b) The State Board of Education, in consultation with the
24State Educator Preparation and Licensure Board, shall design
25and implement a system of examinations, which shall be required

 

 

SB1952- 59 -LRB101 10858 AXK 55998 b

1prior to the issuance of educator licenses. These examinations
2and indicators must be based on national and State professional
3teaching standards, as determined by the State Board of
4Education, in consultation with the State Educator Preparation
5and Licensure Board. The State Board of Education may adopt
6such rules as may be necessary to implement and administer this
7Section.
8    (c) (Blank). Except as otherwise provided in this Article,
9applicants seeking a Professional Educator License or an
10Educator License with Stipulations shall be required to pass a
11test of basic skills before the license is issued, unless the
12endorsement the individual is seeking does not require passage
13of the test. All applicants completing Illinois-approved,
14teacher education or school service personnel preparation
15programs shall be required to pass the State Board of
16Education's recognized test of basic skills prior to starting
17their student teaching or starting the final semester of their
18internship. An institution of higher learning, as defined in
19the Higher Education Student Assistance Act, may not require an
20applicant to complete the State Board's recognized test of
21basic skills prior to the semester before student teaching or
22prior to the semester before starting the final semester of an
23internship. An individual who passes a test of basic skills
24does not need to do so again for subsequent endorsements or
25other educator licenses.
26    (d) All applicants seeking a State license shall be

 

 

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1required to pass a test of content area knowledge for each area
2of endorsement for which there is an applicable test. There
3shall be no exception to this requirement. No candidate shall
4be allowed to student teach or serve as the teacher of record
5until he or she has passed the applicable content area test.
6    (e) (Blank).
7    (f) Except as otherwise provided in this Article, beginning
8on September 1, 2015, all candidates completing teacher
9preparation programs in this State and all candidates subject
10to Section 21B-35 of this Code are required to pass a teacher
11performance assessment approved by the State Board of
12Education, in consultation with the State Educator Preparation
13and Licensure Board.
14    (g) The Tests of basic skills and content area knowledge
15test and the teacher performance assessment shall be the tests
16that from time to time are designated by the State Board of
17Education, in consultation with the State Educator Preparation
18and Licensure Board, and may be tests prepared by an
19educational testing organization or tests designed by the State
20Board of Education, in consultation with the State Educator
21Preparation and Licensure Board. The areas to be covered by a
22test of basic skills shall include reading, language arts, and
23mathematics. The test of content area knowledge shall assess
24content knowledge in a specific subject field. The tests must
25be designed to be racially neutral to ensure that no person
26taking the tests is discriminated against on the basis of race,

 

 

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1color, national origin, or other factors unrelated to the
2person's ability to perform as a licensed employee. The score
3required to pass the tests shall be fixed by the State Board of
4Education, in consultation with the State Educator Preparation
5and Licensure Board. The tests shall be administered not fewer
6than 3 times a year at such time and place as may be designated
7by the State Board of Education, in consultation with the State
8Educator Preparation and Licensure Board.
9    The State Board shall implement a test or tests to assess
10the speaking, reading, writing, and grammar skills of
11applicants for an endorsement or a license issued under
12subdivision (G) of paragraph (2) of Section 21B-20 of this Code
13in the English language and in the language of the transitional
14bilingual education program requested by the applicant.
15    (h) Except as provided in Section 34-6 of this Code, the
16provisions of this Section shall apply equally in any school
17district subject to Article 34 of this Code.
18    (i) The rules developed to implement and enforce the
19testing requirements under this Section shall include without
20limitation provisions governing test selection, test
21validation and determination of a passing score,
22administration of the tests, frequency of administration,
23applicant fees, frequency of applicants taking the tests, the
24years for which a score is valid, and appropriate special
25accommodations. The State Board of Education shall develop such
26rules as may be needed to ensure uniformity from year to year

 

 

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1in the level of difficulty for each form of an assessment.
2(Source: P.A. 99-58, eff. 7-16-15; 99-657, eff. 7-28-16;
399-920, eff. 1-6-17; 100-596, eff. 7-1-18; 100-863, eff.
48-14-18; 100-932, eff. 8-17-18; revised 10-1-18.)
 
5    (105 ILCS 5/21B-35)
6    Sec. 21B-35. Minimum requirements for educators trained in
7other states or countries.
8    (a) Any applicant who has not been entitled by an
9Illinois-approved educator preparation program at an Illinois
10institution of higher education applying for a Professional
11Educator License endorsed in a teaching field or school support
12personnel area must meet the following requirements:
13        (1) the applicant must:
14            (A) hold a comparable and valid educator license or
15        certificate, as defined by rule, with similar grade
16        level and content area credentials from another state,
17        with the State Board of Education having the authority
18        to determine what constitutes similar grade level and
19        content area credentials from another state; and
20            (B) have a bachelor's degree from a regionally
21        accredited institution of higher education; or
22        (2) the applicant must:
23            (A) have completed a state-approved program for
24        the licensure area sought, including coursework
25        concerning methods of instruction of the exceptional

 

 

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1        child, methods of reading and reading in the content
2        area, and instructional strategies for English
3        learners;
4            (B) have a bachelor's degree from a regionally
5        accredited institution of higher education;
6            (C) have successfully met all Illinois examination
7        requirements, except that:
8                (i) (blank); an applicant who has successfully
9            completed a test of basic skills, as defined by
10            rules, at the time of initial licensure in another
11            state is not required to complete a test of basic
12            skills;
13                (ii) an applicant who has successfully
14            completed a test of content, as defined by rules,
15            at the time of initial licensure in another state
16            is not required to complete a test of content; and
17                (iii) an applicant for a teaching endorsement
18            who has successfully completed an evidence-based
19            assessment of teacher effectiveness, as defined by
20            rules, at the time of initial licensure in another
21            state is not required to complete an
22            evidence-based assessment of teacher
23            effectiveness; and
24            (D) for an applicant for a teaching endorsement,
25        have completed student teaching or an equivalent
26        experience or, for an applicant for a school service

 

 

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1        personnel endorsement, have completed an internship or
2        an equivalent experience.
3    (b) In order to receive a Professional Educator License
4endorsed in a teaching field or school support personnel area,
5applicants trained in another country must meet all of the
6following requirements:
7        (1) Have completed a comparable education program in
8    another country.
9        (2) Have had transcripts evaluated by an evaluation
10    service approved by the State Superintendent of Education.
11        (3) Have a degree comparable to a degree from a
12    regionally accredited institution of higher education.
13        (4) Have completed coursework aligned to standards
14    concerning methods of instruction of the exceptional
15    child, methods of reading and reading in the content area,
16    and instructional strategies for English learners.
17        (5) (Blank).
18        (6) (Blank).
19        (7) Have successfully met all State licensure
20    examination requirements. Applicants who have successfully
21    completed a test of basic skills, as defined by rules, at
22    the time of initial licensure in another country shall not
23    be required to complete a test of basic skills. Applicants
24    who have successfully completed a test of content, as
25    defined by rules, at the time of initial licensure in
26    another country shall not be required to complete a test of

 

 

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1    content. Applicants for a teaching endorsement who have
2    successfully completed an evidence-based assessment of
3    teacher effectiveness, as defined by rules, at the time of
4    initial licensure in another country shall not be required
5    to complete an evidence-based assessment of teacher
6    effectiveness.
7        (8) Have completed student teaching or an equivalent
8    experience.
9    (b-5) All applicants who have not been entitled by an
10Illinois-approved educator preparation program at an Illinois
11institution of higher education and applicants trained in
12another country applying for a Professional Educator License
13endorsed for principal or superintendent must hold a master's
14degree from a regionally accredited institution of higher
15education and must hold a comparable and valid educator license
16or certificate with similar grade level and subject matter
17credentials, with the State Board of Education having the
18authority to determine what constitutes similar grade level and
19subject matter credentials from another state, or must meet all
20of the following requirements:
21        (1) Have completed an educator preparation program
22    approved by another state or comparable educator program in
23    another country leading to the receipt of a license or
24    certificate for the Illinois endorsement sought.
25        (2) Have successfully met all State licensure
26    examination requirements, as required by Section 21B-30 of

 

 

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1    this Code. Applicants who have successfully completed a
2    test of basic skills, as defined by rules, at the time of
3    initial licensure in another state or country shall not be
4    required to complete a test of basic skills. Applicants who
5    have successfully completed a test of content, as defined
6    by rules, at the time of initial licensure in another state
7    or country shall not be required to complete a test of
8    content.
9        (2.5) Have completed an internship, as defined by rule.
10        (3) (Blank).
11        (4) Have completed coursework aligned to standards
12    concerning methods of instruction of the exceptional
13    child, methods of reading and reading in the content area,
14    and instructional strategies for English learners.
15        (5) Have completed a master's degree.
16        (6) Have successfully completed teaching, school
17    support, or administrative experience as defined by rule.
18    (b-7) All applicants who have not been entitled by an
19Illinois-approved educator preparation program at an Illinois
20institution of higher education applying for a Professional
21Educator License endorsed for Director of Special Education
22must hold a master's degree from a regionally accredited
23institution of higher education and must hold a comparable and
24valid educator license or certificate with similar grade level
25and subject matter credentials, with the State Board of
26Education having the authority to determine what constitutes

 

 

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1similar grade level and subject matter credentials from another
2state, or must meet all of the following requirements:
3        (1) Have completed a master's degree.
4        (2) Have 2 years of full-time experience providing
5    special education services.
6        (3) Have successfully completed all examination
7    requirements, as required by Section 21B-30 of this Code.
8    Applicants who have successfully completed a test of
9    content, as identified by rules, at the time of initial
10    licensure in another state or country shall not be required
11    to complete a test of content.
12        (4) Have completed coursework aligned to standards
13    concerning methods of instruction of the exceptional
14    child, methods of reading and reading in the content area,
15    and instructional strategies for English learners.
16    (b-10) All applicants who have not been entitled by an
17Illinois-approved educator preparation program at an Illinois
18institution of higher education applying for a Professional
19Educator License endorsed for chief school business official
20must hold a master's degree from a regionally accredited
21institution of higher education and must hold a comparable and
22valid educator license or certificate with similar grade level
23and subject matter credentials, with the State Board of
24Education having the authority to determine what constitutes
25similar grade level and subject matter credentials from another
26state, or must meet all of the following requirements:

 

 

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1        (1) Have completed a master's degree in school business
2    management, finance, or accounting.
3        (2) Have successfully completed an internship in
4    school business management or have 2 years of experience as
5    a school business administrator.
6        (3) Have successfully met all State examination
7    requirements, as required by Section 21B-30 of this Code.
8    Applicants who have successfully completed a test of
9    content, as identified by rules, at the time of initial
10    licensure in another state or country shall not be required
11    to complete a test of content.
12        (4) Have completed modules aligned to standards
13    concerning methods of instruction of the exceptional
14    child, methods of reading and reading in the content area,
15    and instructional strategies for English learners.
16    (c) The State Board of Education, in consultation with the
17State Educator Preparation and Licensure Board, may adopt such
18rules as may be necessary to implement this Section.
19(Source: P.A. 99-58, eff. 7-16-15; 99-920, eff. 1-6-17; 100-13,
20eff. 7-1-17; 100-584, eff. 4-6-18; 100-596, eff. 7-1-18.)
 
21    (105 ILCS 5/21B-50)
22    Sec. 21B-50. Alternative educator licensure program.
23    (a) There is established an alternative educator licensure
24program, to be known as the Alternative Educator Licensure
25Program for Teachers.

 

 

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1    (b) The Alternative Educator Licensure Program for
2Teachers may be offered by a recognized institution approved to
3offer educator preparation programs by the State Board of
4Education, in consultation with the State Educator Preparation
5and Licensure Board.
6    The program shall be comprised of 4 phases:
7        (1) A course of study that at a minimum includes
8    instructional planning; instructional strategies,
9    including special education, reading, and English language
10    learning; classroom management; and the assessment of
11    students and use of data to drive instruction.
12        (2) A year of residency, which is a candidate's
13    assignment to a full-time teaching position or as a
14    co-teacher for one full school year. An individual must
15    hold an Educator License with Stipulations with an
16    alternative provisional educator endorsement in order to
17    enter the residency and must complete additional program
18    requirements that address required State and national
19    standards, pass the assessment of professional teaching
20    before entering the second residency year, as required
21    under phase (3) of this subsection (b), and be recommended
22    by the principal or qualified equivalent of a principal, as
23    required under subsection (d) of this Section, and the
24    program coordinator to continue with the second year of the
25    residency.
26        (3) A second year of residency, which shall include the

 

 

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1    candidate's assignment to a full-time teaching position
2    for one school year. The candidate must be assigned an
3    experienced teacher to act as a mentor and coach the
4    candidate through the second year of residency.
5        (4) A comprehensive assessment of the candidate's
6    teaching effectiveness, as evaluated by the principal or
7    qualified equivalent of a principal, as required under
8    subsection (d) of this Section, and the program
9    coordinator, at the end of the second year of residency. If
10    there is disagreement between the 2 evaluators about the
11    candidate's teaching effectiveness, the candidate may
12    complete one additional year of residency teaching under a
13    professional development plan developed by the principal
14    or qualified equivalent and the preparation program. At the
15    completion of the third year, a candidate must have
16    positive evaluations and a recommendation for full
17    licensure from both the principal or qualified equivalent
18    and the program coordinator or no Professional Educator
19    License shall be issued.
20    Successful completion of the program shall be deemed to
21satisfy any other practice or student teaching and content
22matter requirements established by law.
23    (c) An alternative provisional educator endorsement on an
24Educator License with Stipulations is valid for 2 years of
25teaching in the public schools, including without limitation a
26preschool educational program under Section 2-3.71 of this Code

 

 

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1or charter school, or in a State-recognized nonpublic school in
2which the chief administrator is required to have the licensure
3necessary to be a principal in a public school in this State
4and in which a majority of the teachers are required to have
5the licensure necessary to be instructors in a public school in
6this State, but may be renewed for a third year if needed to
7complete the Alternative Educator Licensure Program for
8Teachers. The endorsement shall be issued only once to an
9individual who meets all of the following requirements:
10        (1) Has graduated from a regionally accredited college
11    or university with a bachelor's degree or higher.
12        (2) Has a cumulative grade point average of 3.0 or
13    greater on a 4.0 scale or its equivalent on another scale.
14        (3) Has completed a major in the content area if
15    seeking a middle or secondary level endorsement or, if
16    seeking an early childhood, elementary, or special
17    education endorsement, has completed a major in the content
18    area of reading, English/language arts, mathematics, or
19    one of the sciences. If the individual does not have a
20    major in a content area for any level of teaching, he or
21    she must submit transcripts to the State Board of Education
22    to be reviewed for equivalency.
23        (4) Has successfully completed phase (1) of subsection
24    (b) of this Section.
25        (5) Has passed a test of basic skills and content area
26    test required for the specific endorsement for admission

 

 

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1    into the program, as required under Section 21B-30 of this
2    Code.
3    A candidate possessing the alternative provisional
4educator endorsement may receive a salary, benefits, and any
5other terms of employment offered to teachers in the school who
6are members of an exclusive bargaining representative, if any,
7but a school is not required to provide these benefits during
8the years of residency if the candidate is serving only as a
9co-teacher. If the candidate is serving as the teacher of
10record, the candidate must receive a salary, benefits, and any
11other terms of employment. Residency experiences must not be
12counted towards tenure.
13    (d) The recognized institution offering the Alternative
14Educator Licensure Program for Teachers must partner with a
15school district, including without limitation a preschool
16educational program under Section 2-3.71 of this Code or
17charter school, or a State-recognized, nonpublic school in this
18State in which the chief administrator is required to have the
19licensure necessary to be a principal in a public school in
20this State and in which a majority of the teachers are required
21to have the licensure necessary to be instructors in a public
22school in this State. A recognized institution that partners
23with a public school district administering a preschool
24educational program under Section 2-3.71 of this Code must
25require a principal to recommend or evaluate candidates in the
26program. A recognized institution that partners with an

 

 

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1eligible entity administering a preschool educational program
2under Section 2-3.71 of this Code and that is not a public
3school district must require a principal or qualified
4equivalent of a principal to recommend or evaluate candidates
5in the program. The program presented for approval by the State
6Board of Education must demonstrate the supports that are to be
7provided to assist the provisional teacher during the 2-year
8residency period. These supports must provide additional
9contact hours with mentors during the first year of residency.
10    (e) Upon completion of the 4 phases outlined in subsection
11(b) of this Section and all assessments required under Section
1221B-30 of this Code, an individual shall receive a Professional
13Educator License.
14    (f) The State Board of Education, in consultation with the
15State Educator Preparation and Licensure Board, may adopt such
16rules as may be necessary to establish and implement the
17Alternative Educator Licensure Program for Teachers.
18(Source: P.A. 99-58, eff. 7-16-15; 100-596, eff. 7-1-18;
19100-822, eff. 1-1-19.)
 
20    (105 ILCS 5/21B-55)
21    Sec. 21B-55. Alternative route to superintendent
22endorsement.
23    (a) The State Board of Education, in consultation with the
24State Educator Preparation and Licensure Board, may approve
25programs designed to provide an alternative route to

 

 

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1superintendent endorsement on a Professional Educator License.
2    (b) Entities offering an alternative route to
3superintendent endorsement program must have the program
4approved by the State Board of Education, in consultation with
5the State Educator Preparation and Licensure Board.
6    (c) All programs approved under this Section shall be
7comprised of the following 3 phases:
8        (1) A course of study offered on an intensive basis in
9    education management, governance, organization, and
10    instructional and district planning.
11        (2) The person's assignment to a full-time position for
12    one school year as a superintendent.
13        (3) A comprehensive assessment of the person's
14    performance by school officials and a recommendation to the
15    State Board of Education that the person be issued a
16    superintendent endorsement on a Professional Educator
17    License.
18    (d) In order to serve as a superintendent under phase (2)
19of subsection (c) of this Section, an individual must be issued
20an alternative provisional superintendent endorsement on an
21Educator License with Stipulations, to be valid for only one
22year of serving as a superintendent. In order to receive the
23provisional alternative superintendent endorsement under this
24Section, an individual must meet all of the following
25requirements:
26        (1) Have graduated from a regionally accredited

 

 

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1    college or university with a minimum of a master's degree
2    in a management field.
3        (2) Have been employed for a period of at least 5 years
4    in a management level position other than education.
5        (3) Have successfully completed phase (1) of
6    subsection (c) of this Section.
7        (4) Have passed a test of basic skills and a content
8    area test for admission into the program, as required by
9    Section 21B-30 of this Code.
10    (e) Successful completion of an alternative route to
11superintendent endorsement program shall be deemed to satisfy
12any other supervisory, administrative, or management
13experience requirements established by law, and, once
14completed, an individual shall be eligible for a superintendent
15endorsement on a Professional Educator License.
16    (f) The State Board of Education, in consultation with the
17State Educator Preparation and Licensure Board, may adopt such
18rules as may be needed to establish and implement these
19alternative route to superintendent endorsement programs.
20(Source: P.A. 100-596, eff. 7-1-18.)
 
21    (105 ILCS 5/24-8.5 new)
22    Sec. 24-8.5. Student teacher; salary. Each school district
23may provide a salary to a student teacher employed by the
24district. A school district may fix the amount of salary to pay
25a student teacher under this Section.
 

 

 

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1    (105 ILCS 5/27A-10)
2    Sec. 27A-10. Employees.
3    (a) A person shall be deemed to be employed by a charter
4school unless a collective bargaining agreement or the charter
5school contract otherwise provides.
6    (b) In all school districts, including special charter
7districts and districts located in cities having a population
8exceeding 500,000, the local school board shall determine by
9policy or by negotiated agreement, if one exists, the
10employment status of any school district employees who are
11employed by a charter school and who seek to return to
12employment in the public schools of the district. Each local
13school board shall grant, for a period of up to 5 years, a
14leave of absence to those of its teachers who accept employment
15with a charter school. At the end of the authorized leave of
16absence, the teacher must return to the school district or
17resign; provided, however, that if the teacher chooses to
18return to the school district, the teacher must be assigned to
19a position which requires the teacher's certification and legal
20qualifications. The contractual continued service status and
21retirement benefits of a teacher of the district who is granted
22a leave of absence to accept employment with a charter school
23shall not be affected by that leave of absence.
24    (c) Charter schools shall employ in instructional
25positions, as defined in the charter, individuals who are

 

 

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1certificated under Article 21 of this Code or who possess the
2following qualifications:
3        (i) graduated with a bachelor's degree from an
4    accredited institution of higher learning;
5        (ii) been employed for a period of at least 5 years in
6    an area requiring application of the individual's
7    education;
8        (iii) (blank); and passed the tests of basic skills and
9    subject matter knowledge required by Section 21-1a of the
10    School Code; and
11        (iv) demonstrate continuing evidence of professional
12    growth which shall include, but not be limited to,
13    successful teaching experience, attendance at professional
14    meetings, membership in professional organizations,
15    additional credits earned at institutions of higher
16    learning, travel specifically for educational purposes,
17    and reading of professional books and periodicals.
18    (c-5) Charter schools employing individuals without
19certification in instructional positions shall provide such
20mentoring, training, and staff development for those
21individuals as the charter schools determine necessary for
22satisfactory performance in the classroom.
23    At least 50% of the individuals employed in instructional
24positions by a charter school that is operating in a city
25having a population exceeding 500,000 and that is established
26on or after April 16, 2003 shall hold teaching certificates

 

 

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1issued under Article 21 of this Code.
2    At least 75% of the individuals employed in instructional
3positions by a charter school that is operating in a city
4having a population exceeding 500,000 and that was established
5before April 16, 2003 shall hold teaching certificates issued
6under Article 21 of this Code.
7    (c-10) Notwithstanding any provision in subsection (c-5)
8to the contrary, in any charter school established before the
9effective date of this amendatory Act of the 96th General
10Assembly, at least 75% of the individuals employed in
11instructional positions by the charter school shall hold
12teaching certificates issued under Article 21 of this Code
13beginning with the 2012-2013 school year. In any charter school
14established after the effective date of this amendatory Act of
15the 96th General Assembly, at least 75% of the individuals
16employed in instructional positions by a charter school shall
17hold teaching certificates issued under Article 21 of this Code
18by the beginning of the fourth school year during which a
19student is enrolled in the charter school. Charter schools may
20employ non-certificated staff in all other positions.
21    (c-15) Charter schools are exempt from any annual cap on
22new participants in an alternative certification program. The
23second and third phases of the alternative certification
24program may be conducted and completed at the charter school,
25and the alternative teaching certificate is valid for 4 years
26or the length of the charter (or any extension of the charter),

 

 

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1whichever is longer.
2    (d) A teacher at a charter school may resign his or her
3position only if the teacher gives notice of resignation to the
4charter school's governing body at least 60 days before the end
5of the school term, and the resignation must take effect
6immediately upon the end of the school term.
7(Source: P.A. 96-105, eff. 7-30-09.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.