093_SB1152sam001

 










                                     LRB093 06790 LRD 12647 a

 1                    AMENDMENT TO SENATE BILL 1152

 2        AMENDMENT NO.     .  Amend Senate Bill 1152 by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Illinois  Pension  Code is amended by
 5    changing Section 17-134 as follows:

 6        (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
 7        Sec.  17-134.   Contributions  for  leaves  of   absence;
 8    military  service;  computing  service.  In computing service
 9    for pension purposes the following periods of  service  shall
10    stand  instead  in lieu of a like number of years of teaching
11    service upon  payment  therefor  in  the  manner  hereinafter
12    provided: (a) time spent on a leave of absence granted by the
13    employer;  (b)  service  with  teacher or labor organizations
14    based upon special leaves of absence therefor granted  by  an
15    Employer;  (c)  a  maximum  of  5 years spent in the military
16    service of the United States, of which up to 2 years may have
17    been served outside the pension period; (d) unused sick  days
18    at  termination of service to a maximum of 244 days; (e) time
19    lost due to layoff and curtailment of the  school  term  from
20    June  6  through June 21, 1976; and (f) time spent after June
21    30, 1982 as a member of the Board of Education,  if  required
22    to  resign  from  an  administrative or teaching  position in
 
                            -2-      LRB093 06790 LRD 12647 a
 1    order to qualify as a member of the Board of Education.
 2             (1)  For time spent on or after September 6, 1948 on
 3        sabbatical leaves of absence or sick  leaves,  for  which
 4        salaries   are  paid,  an  Employer  shall  make  payroll
 5        deductions at the applicable rates in effect during  such
 6        periods.
 7             (2)  For time spent on a leave of absence granted by
 8        the  employer  for  which  no salaries are paid, teachers
 9        desiring  credit  therefor   shall   pay   the   required
10        contributions  at the rates in effect during such periods
11        as though they were in teaching service. If  an  Employer
12        pays  salary for vacations which occur during a teacher's
13        sick  leave  or  maternity  or  paternity  leave  without
14        salary, vacation pay for which  the  teacher  would  have
15        qualified  while  in  active  service shall be considered
16        part of the teacher's total salary for pension  purposes.
17        No more than 36 months of leave credit may be allowed any
18        person  during  the  entire  term of service.  Sabbatical
19        leave credit shall be limited to the time the  person  on
20        leave without salary under an Employer's rules is allowed
21        to  engage in an activity for which he receives salary or
22        compensation.
23             (3)  For time spent prior to September 6,  1948,  on
24        sabbatical  leaves  of  absence  or sick leaves for which
25        salaries were  paid,  teachers  desiring  service  credit
26        therefor  shall  pay  the  required  contributions at the
27        maximum applicable rates in effect during such periods.
28             (4)  For service with teacher or labor organizations
29        authorized by special leaves of  absence,  for  which  no
30        payroll  deductions  are  made  by  an Employer, teachers
31        desiring service credit therefor shall contribute to  the
32        Fund  upon  the  basis of the actual salary received from
33        such organizations at  the  percentage  rates  in  effect
34        during  such  periods  for  certified positions with such
 
                            -3-      LRB093 06790 LRD 12647 a
 1        Employer.  To the extent the actual  salary  exceeds  the
 2        regular  salary,  which  shall  be  defined as the salary
 3        rate, as calculated by  the  Board,  in  effect  for  the
 4        teacher's   regular   position  in  teaching  service  on
 5        September 1, 1983 or on the effective date of  the  leave
 6        with   the   organization,   whichever   is   later,  the
 7        organization shall pay to the Fund the employer's  normal
 8        cost as set by the Board on the increment.
 9             (5)  For   time   spent  in  the  military  service,
10        teachers entitled to and desiring credit  therefor  shall
11        contribute  the  amount required for each year of service
12        or fraction thereof at the rates in force (a) at the date
13        oF appointment, or (b) on return to teaching service as a
14        regularly certified teacher, as the case may be; provided
15        such rates shall not  be  less  than  $450  per  year  of
16        service.  These conditions shall apply unless an Employer
17        elects  to  and  does  pay into the Fund the amount which
18        would have been due from such person had he been employed
19        as a teacher during such time.  In the case of credit for
20        military service  not  during  the  pension  period,  the
21        teacher must also pay to the Fund an amount determined by
22        the  Board  to  be equal to the employer's normal cost of
23        the benefits accrued from  such  service,  plus  interest
24        thereon  at  5%  per  year, compounded annually, from the
25        date of appointment to the date of payment.
26             The changes to  this  Section  made  by  Public  Act
27        87-795  shall  apply  not only to persons who on or after
28        its effective date are in service  under  the  Fund,  but
29        also  to  persons  whose  status  as a teacher terminated
30        prior to that date, whether  or  not  the  person  is  an
31        annuitant  on that date.  In the case of an annuitant who
32        applies for credit allowable under  this  Section  for  a
33        period  of  military  service  that  did  not immediately
34        follow  employment,  and  who  has  made   the   required
 
                            -4-      LRB093 06790 LRD 12647 a
 1        contributions  for  such  credit,  the  annuity  shall be
 2        recalculated to include the  additional  service  credit,
 3        with  the  increase  taking  effect  on the date the Fund
 4        received written notification of the  annuitant's  intent
 5        to  purchase  the  credit, if payment of all the required
 6        contributions is made within 60 days of such  notice,  or
 7        else on the first annuity payment date following the date
 8        of payment of the required contributions.  In calculating
 9        the  automatic  annual  increase  for an annuity that has
10        been  recalculated  under  this  Section,  the   increase
11        attributable  to  the  additional service allowable under
12        this amendatory Act of 1991  shall  be  included  in  the
13        calculation  of automatic annual increases accruing after
14        the effective date of the recalculation.
15             The total credit  for  military  service  shall  not
16        exceed  5  years,  except that any teacher who on July 1,
17        1963, had validated credit  for  more  than  5  years  of
18        military service shall be entitled to the total amount of
19        such credit.
20             (6)  A  maximum  of 244 unused sick days credited to
21        his account by an Employer on the date of termination  of
22        employment.   Members,  upon  verification of unused sick
23        days, may add  this  service  time  to  total  creditable
24        service.
25             (7)  In  all  cases  where  time  spent  on leave is
26        creditable and no payroll deductions therefor are made by
27        an Employer, persons desiring service credit  shall  make
28        the required contributions directly to the Fund.
29             (8)  For  time  lost  without  pay due to layoff and
30        curtailment of the school term from June 6  through  June
31        21,  1976, as provided in item (e) of the first paragraph
32        of this Section, persons who  were  contributors  on  the
33        days  immediately  preceding  such  layoff  shall receive
34        credit upon paying to the Fund a  contribution  based  on
 
                            -5-      LRB093 06790 LRD 12647 a
 1        the  rates  of compensation and employee contributions in
 2        effect at the time  of  such  layoff,  together  with  an
 3        additional  amount  equal  to  12.2%  of the compensation
 4        computed for such period of layoff, plus interest on  the
 5        entire amount at 5% per annum from January 1, 1978 to the
 6        date  of  payment.   If such contribution is paid, salary
 7        for pension purposes for any year in which such a  layoff
 8        occurred  shall  include  the compensation recognized for
 9        purposes of computing that contribution.
10             (9)  For time  spent  after  June  30,  1982,  as  a
11        nonsalaried member of the Board of Education, if required
12        to  resign from an administrative or teaching position in
13        order to qualify as a member of the Board  of  Education,
14        an  administrator  or  teacher  desiring  credit therefor
15        shall pay the required contributions  at  the  rates  and
16        salaries  in  effect  during  such  periods as though the
17        member were in service.
18        Effective September 1, 1974,  the  interest  charged  for
19    validation of service described in paragraphs (2) through (5)
20    of  this Section shall be compounded annually at a rate of 5%
21    commencing one year after the termination  of  the  leave  or
22    return to service.
23    (Source: P.A. 92-599, eff. 6-28-02.)".