Illinois General Assembly - Full Text of HB2873
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Full Text of HB2873  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/16/2023, by Rep. Rita Mayfield


40 ILCS 5/16-118  from Ch. 108 1/2, par. 16-118

    Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that beginning July 1, 2023, an annuitant may accept employment as a teacher without impairing his or her retirement status if that employment is not within the school year during which service was terminated and does not exceed 150 (instead of 100) paid days or 750 (instead of 500) paid hours in each school year. Effective immediately.

LRB103 30037 RPS 56458 b





HB2873LRB103 30037 RPS 56458 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 16-118 as follows:
6    (40 ILCS 5/16-118)  (from Ch. 108 1/2, par. 16-118)
7    Sec. 16-118. Retirement. "Retirement": Entry upon a
8retirement annuity or receipt of a single-sum retirement
9benefit granted under this Article after termination of active
10service as a teacher.
11    (a) An annuitant receiving a retirement annuity other than
12a disability retirement annuity may accept employment as a
13teacher from a school board or other employer specified in
14Section 16-106 without impairing retirement status, if that
16        (1) is not within the school year during which service
17    was terminated; and
18        (2) does not exceed the following:
19            (i) before July 1, 2001, 100 paid days or 500 paid
20        hours in any school year;
21            (ii) during the period beginning July 1, 2001
22        through June 30, 2011, 120 paid days or 600 paid hours
23        in each school year;



HB2873- 2 -LRB103 30037 RPS 56458 b

1            (iii) during the period beginning July 1, 2011
2        through June 30, 2018, 100 paid days or 500 paid hours
3        in each school year;
4            (iv) beginning July 1, 2018 through June 30, 2023,
5        120 paid days or 600 paid hours in each school year,
6        but not more than 100 paid days in the same classroom;
7            (v) during the period between July 1, 2021 and
8        June 30, 2022, an additional 20 paid days or 100 paid
9        hours shall be added to item (iv) of this paragraph (2)
10        to assist with addressing the substitute teacher
11        shortage that has been exacerbated by the ongoing
12        global pandemic; and
13            (vi) beginning July 1, 2023, 150 100 paid days or
14        750 500 paid hours in each school year.
15    Where such permitted employment is partly on a daily and
16partly on an hourly basis, a day shall be considered as 5
18    (b) Subsection (a) does not apply to an annuitant who
19returns to teaching under the program established in Section
2016-150.1, for the duration of his or her participation in that
22(Source: P.A. 101-645, eff. 6-26-20; 102-537, eff. 8-20-21;
23102-709, eff. 4-22-22.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.