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Miguel del Valle
Filed: 2/11/2004
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LRB093 15449 NHT 46922 a |
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| AMENDMENT TO SENATE BILL 2528
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| AMENDMENT NO. ______. Amend Senate Bill 2528 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Pension Code is amended by |
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| changing Section 17-131
as follows:
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| (40 ILCS 5/17-131) (from Ch. 108 1/2, par. 17-131)
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| Sec. 17-131. Administration of payroll deductions.
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| (a) This subsection (a) applies unless an Employer has |
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| agreed to have subsection (b) of this Section apply under a |
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| collective bargaining agreement, in which case this subsection |
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| (a) applies until the date that subsection (b) is to apply as |
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| set forth in the agreement. During any period in which salaries |
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| are paid, such deductions
by an Employer or the Board shall be |
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| made on
the basis of the full
salary rates, exclusive of |
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| salaries for overtime, special services or
any employment on an |
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| optional basis, such as in summer school. If
salaries represent |
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| adjustments on account of error, deductions
by the Employer or |
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| the Board shall be at rates in force
during the applicable
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| payroll period. If teachers receive salaries for the school |
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| year, as
established by an Employer, or if they receive
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| salaries for more
than 10 calendar months, the amount required |
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| for each year of service shall be
deducted by such Employer in |
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| installments. The
total amounts for
each semimonthly payroll |
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| period, or bi-weekly payroll period, as the case
may be, shall |
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LRB093 15449 NHT 46922 a |
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| be deducted only when salary payments represent 5 days' pay
or |
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| more. If an Employer or the Board pays salaries to
members of
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| the teaching force for vacation periods, the salary shall be |
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| considered
part of the teacher's annual salary, shall be |
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| subject to the standard
deductions for pension contributions, |
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| and shall be
considered to represent
pay for 5 or more days' |
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| employment in a bi-weekly or semi-monthly payroll
period for |
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| purposes set forth in this Section. If deductions from salaries
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| result
in amounts of less than one cent, the fractional sums |
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| shall be increased
to the next higher cent. Any excess of these |
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| fractional increases over the
prescribed annual contributions |
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| shall be credited to the teachers' accounts.
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| (b) As part of a collective bargaining agreement, an |
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| Employer may agree to have this subsection (b) apply instead of |
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| subsection (a) of this Section, in which case this subsection |
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| (b) applies beginning on a date agreed upon in the collective |
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| bargaining agreement. During any period on
or after the |
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| agreed-upon date in
which salaries are paid, payroll
deductions |
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| by an Employer or the
Board shall be made for all salary paid. |
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| If salaries represent
adjustments on account of error, |
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| deductions by the Employer or the Board shall
be at the rates |
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| in force during the applicable payroll period. If teachers
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| receive salaries for the school year, as established by an |
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| Employer, or if they
receive salaries for more than 10 calendar |
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| months, the amount required for each
year of service shall be |
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| deducted by such Employer in installments. On or
after the |
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| agreed-upon date, the total
amounts for each semimonthly |
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| payroll period or bi-weekly payroll period,
as the case may be, |
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| shall be deducted for all salary paid. If, on or after the |
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| agreed-upon date, an Employer or the Board
pays salaries to |
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| members of the teaching force for vacation periods, the
salary |
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| shall be considered part of the teacher's annual salary, shall |
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| be
subject to the standard deductions for pension |
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| contributions, and shall be
considered to represent additional |
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LRB093 15449 NHT 46922 a |
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| service credit for each day paid. If deductions from salaries
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| result in amounts of less than one cent, the fractional sums |
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| shall be increased
to the next higher cent. Any excess of these |
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| fractional increases over the
prescribed annual contributions |
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| shall be credited to the teachers' accounts. |
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| (c) In the event that, pursuant to Section 17-130.1, |
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| employee
contributions
are picked up or made by the Board of |
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| Education on behalf of its employees
from the proceeds of the |
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| tax levied under
Section 34-60 of the School Code, then the |
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| amount of the employee
contributions which are picked up or |
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| made in that manner shall not be
deducted from the salaries of |
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| such employees.
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| (Source: P.A. 90-566, eff. 1-2-98.)
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| Section 10. The Illinois Educational Labor Relations Act is |
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| amended by changing Section 4.5 as follows:
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| (115 ILCS 5/4.5)
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| Sec. 4.5. Subjects of collective bargaining.
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| (a) Notwithstanding the existence of any other provision in |
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| this Act or
other law, collective bargaining between an |
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| educational employer whose
territorial boundaries are |
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| coterminous with those of a city having a population
in
excess |
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| of 500,000 and an exclusive representative of its employees may
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| include any of the following
subjects:
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| (1) (Blank).
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| (2) Decisions to contract with a third party for one or |
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| more services
otherwise performed by employees in a |
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| bargaining unit and the
procedures for
obtaining such |
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| contract or the identity of the third party.
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| (3) Decisions to layoff or reduce in force employees.
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| (4) Decisions to determine class size, class staffing |
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| and assignment,
class
schedules, academic calendar, hours |
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| and places of instruction, or pupil
assessment policies.
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LRB093 15449 NHT 46922 a |
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| (5) Decisions concerning use and staffing of |
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| experimental or pilot
programs and
decisions concerning |
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| use of technology to deliver educational programs and
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| services and staffing to provide the technology.
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| (6) The decision on whether or not to have seniority on |
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| a district-wide basis.
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| (b) The subject or matters described in subsection (a) are |
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| permissive
subjects of bargaining between an educational |
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| employer and an exclusive
representative of its employees and, |
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| for the purpose of this Act, are within
the sole
discretion of |
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| the educational employer to decide
to bargain, provided that |
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| the educational employer is required to bargain
over the impact |
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| of a decision concerning such subject or matter on the
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| bargaining unit upon request by the exclusive representative. |
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| During
this bargaining, the educational employer shall not be |
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| precluded from
implementing its decision. If, after a |
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| reasonable period of bargaining, a
dispute or impasse exists |
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| between the educational employer and the
exclusive |
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| representative, the dispute or impasse shall be resolved |
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| exclusively
as set
forth in subsection (b) of Section 12 of |
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| this Act in lieu of a strike under
Section 13 of this Act.
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| (c) A provision in a collective bargaining agreement that |
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| was rendered
null
and void
because it involved a
prohibited |
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| subject of collective bargaining
under this subsection (c) as |
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| this subsection (c) existed before the effective
date of
this |
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| amendatory Act of the 93rd General Assembly
remains null and |
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| void and
shall not otherwise be reinstated in any successor |
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| agreement unless the
educational employer and exclusive |
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| representative otherwise agree to
include an agreement reached |
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| on a subject or matter described in
subsection (a) of this |
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| Section as subsection (a) existed before this amendatory
Act of
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| the 93rd General Assembly.
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| (Source: P.A. 93-3, eff. 4-16-03.)
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