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1 | AN ACT concerning public employee benefits.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Pension Code is amended by changing | ||||||
5 | Sections 16-150.1 and 16-203 as follows:
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6 | (40 ILCS 5/16-150.1)
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7 | Sec. 16-150.1. Return to teaching in subject shortage area.
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8 | (a) As used in this Section, "eligible employment" means | ||||||
9 | employment
beginning on or after July 1, 2003 and ending no | ||||||
10 | later than June 30, 2013 2008 ,
in a subject shortage area at a | ||||||
11 | qualified school, in a position requiring
certification under | ||||||
12 | the law governing the certification of teachers.
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13 | As used in this Section, "qualified school" means a public | ||||||
14 | elementary or
secondary school that meets all of the following | ||||||
15 | requirements:
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16 | (1) At the time of hiring a retired teacher under this | ||||||
17 | Section, the
school is experiencing a shortage of teachers | ||||||
18 | in the subject shortage area
for which the teacher is | ||||||
19 | hired.
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20 | (2) The school district to which the school belongs has | ||||||
21 | complied with
the requirements of subsection (e), and the | ||||||
22 | regional superintendent has
certified that compliance to | ||||||
23 | the System.
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1 | (3) If the school district to which the school belongs | ||||||
2 | provides group
health benefits for its teachers generally, | ||||||
3 | substantially similar health
benefits are made available | ||||||
4 | for teachers participating in the program under
this | ||||||
5 | Section, without any limitations based on pre-existing | ||||||
6 | conditions.
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7 | (b) An annuitant receiving a retirement annuity under this | ||||||
8 | Article
(other than a disability retirement annuity) may engage | ||||||
9 | in eligible
employment at a qualified school without impairing | ||||||
10 | his or her retirement
status or retirement annuity, subject to | ||||||
11 | the following conditions:
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12 | (1) the eligible employment does not begin within the | ||||||
13 | school year
during which service was terminated;
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14 | (2) the annuitant has not received any early retirement | ||||||
15 | incentive under
Section 16-133.3, 16-133.4, or 16-133.5;
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16 | (3) if the annuitant retired before age 60 and with | ||||||
17 | less than 34 years
of service, the eligible employment does | ||||||
18 | not begin within the year following
the effective date of | ||||||
19 | the retirement annuity;
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20 | (4) if the annuitant retired at age 60 or above or with | ||||||
21 | 34 or more
years of service, the eligible employment does | ||||||
22 | not begin within the 90 days
following the effective date | ||||||
23 | of the retirement annuity; and
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24 | (5) before the eligible employment begins, the | ||||||
25 | employer notifies the
System in writing of the annuitant's | ||||||
26 | desire to participate in the program
established under this |
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1 | Section.
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2 | (c) An annuitant engaged in eligible employment in | ||||||
3 | accordance with
subsection (b) shall be deemed a participant in | ||||||
4 | the program established
under this Section for so long as he or | ||||||
5 | she remains employed in eligible
employment.
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6 | (d) A participant in the program established under this | ||||||
7 | Section continues
to be a retirement annuitant, rather than an | ||||||
8 | active teacher, for all of the
purposes of this Code, but shall | ||||||
9 | be deemed an active teacher for other
purposes, such as | ||||||
10 | inclusion in a collective bargaining unit, eligibility for
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11 | group health benefits, and compliance with the laws governing | ||||||
12 | the employment,
regulation, certification, treatment, and | ||||||
13 | conduct of teachers.
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14 | With respect to an annuitant's eligible employment under | ||||||
15 | this Section,
neither employee nor employer contributions | ||||||
16 | shall be made to the System and
no additional service credit | ||||||
17 | shall be earned. Eligible employment does not
affect the | ||||||
18 | annuitant's final average salary or the amount of the | ||||||
19 | retirement
annuity.
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20 | (e) Before hiring a teacher under this Section, the school | ||||||
21 | district
to which the school belongs must do the following:
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22 | (1) If the school district to which the school belongs | ||||||
23 | has honorably
dismissed, within the calendar year | ||||||
24 | preceding the beginning of the school term
for which it | ||||||
25 | seeks to employ a retired teacher under the program | ||||||
26 | established in
this Section, any teachers who are legally |
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1 | qualified to hold positions in the
subject shortage area | ||||||
2 | and have not yet begun to receive their retirement
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3 | annuities under this Article, the vacant positions must | ||||||
4 | first be tendered to
those teachers.
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5 | (2) For a period of at least 90 days
during the 6 | ||||||
6 | months preceding the beginning of either the fall or spring | ||||||
7 | term for which
it seeks to employ a retired teacher under | ||||||
8 | the program established in this
Section, the school | ||||||
9 | district must, on an ongoing basis, both (i) advertise
its | ||||||
10 | vacancies in the subject shortage area in a newspaper of | ||||||
11 | general
circulation in the area in which the school is | ||||||
12 | located and in employment
bulletins published by college | ||||||
13 | and university placement offices located near
the school; | ||||||
14 | and (ii) search for teachers legally qualified to fill | ||||||
15 | those
vacancies through the Illinois Education Job Bank.
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16 | The school district must submit documentation of its | ||||||
17 | compliance with this
subsection to the regional | ||||||
18 | superintendent. Upon receiving satisfactory
documentation from | ||||||
19 | the school district, the regional superintendent shall
certify | ||||||
20 | the district's compliance with this subsection to the System.
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21 | (f) This Section applies without regard to whether the | ||||||
22 | annuitant was in
service on or after the effective date of this | ||||||
23 | amendatory Act of the 93rd
General Assembly.
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24 | (Source: P.A. 93-320, eff. 7-23-03; 94-129, eff. 7-7-05.)
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25 | (40 ILCS 5/16-203)
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1 | Sec. 16-203. Application and expiration of new benefit | ||||||
2 | increases. | ||||||
3 | (a) As used in this Section, "new benefit increase" means | ||||||
4 | an increase in the amount of any benefit provided under this | ||||||
5 | Article, or an expansion of the conditions of eligibility for | ||||||
6 | any benefit under this Article, that results from an amendment | ||||||
7 | to this Code that takes effect after June 1, 2005 ( the | ||||||
8 | effective date of Public Act 94-4) this amendatory Act of the | ||||||
9 | 94th General Assembly . "New benefit increase", however, does | ||||||
10 | not include any benefit increase resulting from the changes | ||||||
11 | made to this Article by this amendatory Act of the 95th General | ||||||
12 | Assembly. | ||||||
13 | (b) Notwithstanding any other provision of this Code or any | ||||||
14 | subsequent amendment to this Code, every new benefit increase | ||||||
15 | is subject to this Section and shall be deemed to be granted | ||||||
16 | only in conformance with and contingent upon compliance with | ||||||
17 | the provisions of this Section.
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18 | (c) The Public Act enacting a new benefit increase must | ||||||
19 | identify and provide for payment to the System of additional | ||||||
20 | funding at least sufficient to fund the resulting annual | ||||||
21 | increase in cost to the System as it accrues. | ||||||
22 | Every new benefit increase is contingent upon the General | ||||||
23 | Assembly providing the additional funding required under this | ||||||
24 | subsection. The Commission on Government Forecasting and | ||||||
25 | Accountability shall analyze whether adequate additional | ||||||
26 | funding has been provided for the new benefit increase and |
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1 | shall report its analysis to the Public Pension Division of the | ||||||
2 | Department of Financial and Professional Regulation. A new | ||||||
3 | benefit increase created by a Public Act that does not include | ||||||
4 | the additional funding required under this subsection is null | ||||||
5 | and void. If the Public Pension Division determines that the | ||||||
6 | additional funding provided for a new benefit increase under | ||||||
7 | this subsection is or has become inadequate, it may so certify | ||||||
8 | to the Governor and the State Comptroller and, in the absence | ||||||
9 | of corrective action by the General Assembly, the new benefit | ||||||
10 | increase shall expire at the end of the fiscal year in which | ||||||
11 | the certification is made.
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12 | (d) Every new benefit increase shall expire 5 years after | ||||||
13 | its effective date or on such earlier date as may be specified | ||||||
14 | in the language enacting the new benefit increase or provided | ||||||
15 | under subsection (c). This does not prevent the General | ||||||
16 | Assembly from extending or re-creating a new benefit increase | ||||||
17 | by law. | ||||||
18 | (e) Except as otherwise provided in the language creating | ||||||
19 | the new benefit increase, a new benefit increase that expires | ||||||
20 | under this Section continues to apply to persons who applied | ||||||
21 | and qualified for the affected benefit while the new benefit | ||||||
22 | increase was in effect and to the affected beneficiaries and | ||||||
23 | alternate payees of such persons, but does not apply to any | ||||||
24 | other person, including without limitation a person who | ||||||
25 | continues in service after the expiration date and did not | ||||||
26 | apply and qualify for the affected benefit while the new |
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1 | benefit increase was in effect.
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2 | (Source: P.A. 94-4, eff. 6-1-05.) | ||||||
3 | Section 90. The State Mandates Act is amended by adding | ||||||
4 | Section 8.32 as follows: | ||||||
5 | (30 ILCS 805/8.32 new) | ||||||
6 | Sec. 8.32. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
7 | of this Act, no reimbursement by the State is required for the | ||||||
8 | implementation of any mandate created by this amendatory Act of | ||||||
9 | the 95th General Assembly.
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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