Bill Status of SB 36   94th General Assembly

Short Description:  PENSION-IMRF-RETURN TO WORK

Senate Sponsors
Sen. Iris Y. Martinez-Richard J. Winkel, Jr., Frank C. Watson and John M. Sullivan-Mattie Hunter

House Sponsors
(Rep. Michael J. Madigan-Gary Hannig-Michael K. Smith-Kevin Joyce-Monique D. Davis, Mary E. Flowers and Michelle Chavez)


Last Action  View All Actions

DateChamber Action
  2/27/2007SenatePublic Act . . . . . . . . . 94-1111

Statutes Amended In Order of Appearance
40 ILCS 5/7-141.1
30 ILCS 805/8.29 new

Synopsis As Introduced
Amends the IMRF Article of the Illinois Pension Code. Provides that the prohibition on return to service after accepting early retirement benefits applies only to (1) employment for which the person is required (or is allowed and has elected) to participate in the Fund and (2) contractual personal services which, if performed as an employee, would require the employee to participate in the Fund. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

 Pension Note (Commission on Gov't Forecasting and Accountability)
 Senate Bill 36 would probably have little or no fiscal impact, as there are few ERI participants likely to forfeit the enhanced (ERI) annuity, as required by current law, by accepting employment with an employer who participates in IMRF. Persons returning to work under the provisions would not accrue any additional pension benefits under IMRF.

 Pension Note (Commission on Gov't Forecasting and Accountability)
 Senate Bill 36 had little to no fiscal impact.

House Amendment No. 1
Deletes reference to:
40 ILCS 5/7-141.1
30 ILCS 805/8.29 new
Adds reference to:
40 ILCS 5/14-103.05from Ch. 108 1/2, par. 14-103.05
40 ILCS 5/14-104from Ch. 108 1/2, par. 14-104
40 ILCS 5/16-106from Ch. 108 1/2, par. 16-106
40 ILCS 5/16-158from Ch. 108 1/2, par. 16-158
40 ILCS 5/17-133from Ch. 108 1/2, par. 17-133
30 ILCS 805/8.30 new

Replaces everything after the enacting clause. Amends the State Employee Article of the Illinois Pension Code. Provides that an individual who represents or is employed as an officer or employee of a statewide labor organization that represents members of the State Employees' Retirement System of Illinois may participate in the System and shall be deemed an employee under specified circumstances. Provides that an employee who was laid off but returned to State employment under circumstances in which the employee is considered to have been in continuous service for purposes of determining seniority may establish creditable service for the period of the layoff under specified circumstances. Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that an officer or employee of a statewide teacher organization or officer of a national teacher organization who is a certified teacher may establish service credit for similar employment prior to becoming certified as a teacher if he or she (i) is certified as a teacher on or before the effective date of the amendatory Act, (ii) applies in writing within 6 months after the effective date, and (iii) pays the specified contributions. In provisions requiring a teacher's employer to make certain payments to the System for a more than 6% increase in salary in any school year used to determine final average salary, (1) provides that if a teacher's salary for the 2005-2006 school year is used to determine his or her final average salary, then changes in the way the more than 6% increase is calculated made by Public Act 94-1057 shall apply in that calculation and (2) backdates to June 1, 2005 a provision concerning change in employment because a teacher is transferred from one board or administrative agent to the control of a new or different board or administrative agent. Amends the Chicago Teacher Article of the Illinois Pension Code. Allows purchase of service credit for up to 2 years of employment by a private school. Requires payment of a contribution plus interest. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

House Amendment No. 2
Replaces everything after the enacting clause with the engrossed bill as amended by House Amendment No. 1, with the following change: in provisions amending the Downstate Teachers Article, includes within the definition of "teacher" any person employed, on the effective date of this amendatory Act, by the Macon-Piatt Regional Office of Education in a birth-through-age-three pilot program receiving funds under certain provisions of the School Code who is required by the Macon-Piatt Regional Office of Education to hold a teaching certificate, provided that the Macon-Piatt Regional Office of Education makes an election, within 6 months after the effective date of this amendatory Act, to have the person participate in the system. Effective immediately.

 Pension Note, House Amendment No. 1 (Commission on Gov't Forecasting & Accountability)
 The fiscal impact of allowing for the purchase of optional SERS service credit as outlined in SB 0036, as amended, cannot be calculated but is expected to be minor as the bill requires the employee to pay both employee and employer contributions, plus interest, to establish past service credit. The fiscal impact of allowing certified teachers to upgrade periods of service in a non-certified capacity in TRS while employed by a statewide teachers’ union cannot be calculated, but is expected to be minor. The fiscal impact of allowing Chicago teachers to upgrade private school teaching service is expected to be minimal. According to the Chicago Teacher Pension Fund’s actuary, the required contributions would cover much of the cost of the establishment of service credit for private school teaching.

Actions 
DateChamber Action
  1/26/2005SenateFiled with Secretary by Sen. Iris Y. Martinez; Prefiled on January 11, 2005
  1/26/2005SenateFirst Reading
  1/26/2005SenateReferred to Rules
  2/3/2005SenateAssigned to Pensions & Investments
  2/16/2005SenateDo Pass Pensions & Investments; 006-000-000
  2/16/2005SenatePlaced on Calendar Order of 2nd Reading February 17, 2005
  2/16/2005SenateAdded as Chief Co-Sponsor Sen. Richard J. Winkel, Jr.
  2/17/2005SenateSecond Reading
  2/17/2005SenatePlaced on Calendar Order of 3rd Reading February 23, 2005
  3/2/2005SenateThird Reading - Passed; 057-000-000
  3/2/2005HouseArrived in House
  3/2/2005HousePlaced on Calendar Order of First Reading
  3/11/2005SenatePension Note Filed from the Commission on Government Forecasting and Accountability.
  3/15/2005HouseChief House Sponsor Rep. Michael J. Madigan
  3/15/2005HouseFirst Reading
  3/15/2005HouseReferred to Rules Committee
  3/16/2005HousePension Note Filed
  4/5/2005HouseAssigned to Executive Committee
  5/13/2005HouseRule 19(a) / Re-referred to Rules Committee
  10/18/2005HouseFinal Action Deadline Extended-9(b) January 11, 2006
  10/18/2005HouseAssigned to Veterans Affairs Committee
  1/6/2006HouseRule 19(a) / Re-referred to Rules Committee
  2/17/2006HouseAdded Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia
  3/29/2006HouseAlternate Chief Co-Sponsor Removed Rep. Linda Chapa LaVia
  11/15/2006HouseFinal Action Deadline Extended-9(b) January 9, 2007
  11/15/2006HouseAssigned to Personnel and Pensions Committee
  11/15/2006HouseMotion to Suspend Rule 25 - Prevailed
  11/15/2006HouseAdded Alternate Chief Co-Sponsor Rep. Gary Hannig
  11/15/2006HouseAdded Alternate Chief Co-Sponsor Rep. Michael K. Smith
  11/16/2006HouseHouse Amendment No. 1 Filed with Clerk by Personnel and Pensions Committee
  11/16/2006HouseHouse Amendment No. 1 Adopted in Personnel and Pensions Committee; by Voice Vote
  11/16/2006HouseDo Pass / Short Debate Personnel and Pensions Committee; 004-000-000
  11/16/2006HousePlaced on Calendar 2nd Reading - Short Debate
  11/16/2006HouseHouse Amendment No. 1 Pension Note Requested as Amended by Rep. William B. Black
  11/16/2006HouseSecond Reading - Short Debate
  11/16/2006HouseHeld on Calendar Order of Second Reading - Short Debate
  11/27/2006HouseHouse Amendment No. 2 Filed with Clerk by Rep. Gary Hannig
  11/27/2006HouseHouse Amendment No. 2 Referred to Rules Committee
  11/27/2006HouseHouse Amendment No. 1 Pension Note Filed as Amended
  11/27/2006HouseHouse Amendment No. 2 Rules Refers to Personnel and Pensions Committee
  11/28/2006HouseHouse Amendment No. 2 Recommends Be Adopted Personnel and Pensions Committee; 004-000-000
  11/28/2006HouseAdded Alternate Chief Co-Sponsor Rep. Kevin Joyce
  11/28/2006HouseAdded Alternate Chief Co-Sponsor Rep. Monique D. Davis
  11/28/2006HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers
  11/28/2006HouseAdded Alternate Co-Sponsor Rep. Michelle Chavez
  11/28/2006HouseHouse Amendment No. 2 Adopted
  11/28/2006HousePlaced on Calendar Order of 3rd Reading - Short Debate
  11/28/2006HouseThird Reading - Short Debate - Passed 109-006-000
  11/29/2006SenateAdded as Co-Sponsor Sen. Frank C. Watson
  11/29/2006SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  11/29/2006SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02-November 30, 2006
  11/29/2006SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. Iris Y. Martinez
  11/29/2006SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  11/29/2006SenateHouse Amendment No. 2 Motion to Concur Filed with Secretary Sen. Iris Y. Martinez
  11/29/2006SenateHouse Amendment No. 2 Motion to Concur Referred to Rules
  11/29/2006SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Pensions & Investments
  11/29/2006SenateHouse Amendment No. 2 Motion to Concur Rules Referred to Pensions & Investments
  11/29/2006SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Pensions & Investments; 007-000-000
  11/29/2006SenateHouse Amendment No. 2 Motion To Concur Recommended Do Adopt Pensions & Investments; 007-000-000
  11/30/2006SenateAdded as Co-Sponsor Sen. John M. Sullivan
  11/30/2006SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  11/30/2006SenateHouse Amendment No. 1 Senate Concurs 055-000-001
  11/30/2006SenateHouse Amendment No. 2 Senate Concurs 055-000-001
  11/30/2006SenatePassed Both Houses
  12/29/2006SenateSent to the Governor
  2/27/2007SenateGovernor Approved
  2/27/2007SenateEffective Date February 27, 2007
  2/27/2007SenatePublic Act . . . . . . . . . 94-1111

Back To Top