103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3218

 

Introduced 2/6/2024, by Sen. Doris Turner

 

SYNOPSIS AS INTRODUCED:
 
40 ILCS 5/16-106  from Ch. 108 1/2, par. 16-106

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


LRB103 37767 RPS 67896 b

 

 

A BILL FOR

 

SB3218LRB103 37767 RPS 67896 b

1    AN ACT concerning public employee benefits.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pension Code is amended by
5changing Section 16-106 as follows:
 
6    (40 ILCS 5/16-106)  (from Ch. 108 1/2, par. 16-106)
7    Sec. 16-106. Teacher. "Teacher": The following
8individuals, provided that, for employment prior to July 1,
91990, they are employed on a full-time basis, or if not
10full-time, on a permanent and continuous basis in a position
11in which services are expected to be rendered for at least one
12school term:
13        (1) Any educational, administrative, professional or
14    other staff employed in the public common schools included
15    within this system in a position requiring certification
16    under the law governing the certification of teachers;
17        (2) Any educational, administrative, professional or
18    other staff employed in any facility of the Department of
19    Children and Family Services or the Department of Human
20    Services, in a position requiring certification under the
21    law governing the certification of teachers, and any
22    person who (i) works in such a position for the Department
23    of Corrections, (ii) was a member of this System on May 31,

 

 

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1    1987, and (iii) did not elect to become a member of the
2    State Employees' Retirement System pursuant to Section
3    14-108.2 of this Code; except that "teacher" does not
4    include any person who (A) becomes a security employee of
5    the Department of Human Services, as defined in Section
6    14-110, after June 28, 2001 (the effective date of Public
7    Act 92-14), or (B) becomes a member of the State
8    Employees' Retirement System pursuant to Section 14-108.2c
9    of this Code;
10        (3) Any regional superintendent of schools, assistant
11    regional superintendent of schools, State Superintendent
12    of Education; any person employed by the State Board of
13    Education as an executive; any executive of the boards
14    engaged in the service of public common school education
15    in school districts covered under this system of which the
16    State Superintendent of Education is an ex-officio member;
17        (4) Any employee of a school board association
18    operating in compliance with Article 23 of the School Code
19    who is certificated under the law governing the
20    certification of teachers, provided that he or she becomes
21    such an employee before the effective date of this
22    amendatory Act of the 99th General Assembly;
23        (5) Any person employed by the retirement system who:
24            (i) was an employee of and a participant in the
25        system on August 17, 2001 (the effective date of
26        Public Act 92-416), or

 

 

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

 

 

SB3218- 4 -LRB103 37767 RPS 67896 b

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

 

 

SB3218- 5 -LRB103 37767 RPS 67896 b

1    Regional Office of Education in a birth-through-age-three
2    pilot program receiving funds under Section 2-389 of the
3    School Code shall be considered service as a teacher if
4    employee and employer contributions have been received by
5    the system and the system has not refunded those
6    contributions; .
7        (11) Any educational, administrative, professional, or
8    other staff in a position requiring certification under
9    the law governing the certification of teachers who is
10    employed by a nonpublic special education facility, as
11    defined by Section 14-7.02 of the School Code, located
12    within the boundaries of the State and whose income from
13    that employment is derived entirely from public funding
14    through local school districts, payments from the
15    Department of Human Services, or payments from the
16    Department of Children and Family Services.
17    An annuitant receiving a retirement annuity under this
18Article who is employed by a board of education or other
19employer as permitted under Section 16-118 or 16-150.1 is not
20a "teacher" for purposes of this Article. A person who has
21received a single-sum retirement benefit under Section
2216-136.4 of this Article is not a "teacher" for purposes of
23this Article. For purposes of this Article, "teacher" does not
24include a person employed by an entity that provides
25substitute teaching services under Section 2-3.173 of the
26School Code and is not a school district.

 

 

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1(Source: P.A. 101-502, eff. 8-23-19; 102-210, eff. 1-1-22.)