Full Text of SB0438 99th General Assembly
SB0438sam001 99TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 4/27/2015
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| 1 | | AMENDMENT TO SENATE BILL 438
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 438 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Section 17-149 as follows:
| 6 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
| 7 | | Sec. 17-149. Cancellation of pensions.
| 8 | | (a) If any person receiving a disability retirement
pension | 9 | | from the Fund is re-employed as a teacher by an Employer, the | 10 | | pension
shall be cancelled on the date the re-employment | 11 | | begins, or on the first day of
a payroll period for which | 12 | | service credit was validated, whichever is earlier.
| 13 | | (b) If any person receiving a service retirement pension | 14 | | from the Fund
is re-employed as a teacher on a permanent or | 15 | | annual basis by an Employer,
the pension shall be cancelled on | 16 | | the date the re-employment begins, or on
the first day of a |
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| 1 | | payroll period for which service credit was validated,
| 2 | | whichever is earlier. However, subject to the limitations and | 3 | | requirements of subsection (c-5), the pension shall not be | 4 | | cancelled
in the case of a service retirement pensioner who is
| 5 | | re-employed on a temporary and non-annual basis or on an hourly | 6 | | basis.
| 7 | | (c) If the date of re-employment on a permanent or annual | 8 | | basis
occurs within 5 school months after the date of previous | 9 | | retirement, exclusive
of any vacation period, the member shall | 10 | | be deemed to have been out of service
only temporarily and not | 11 | | permanently retired. Such person shall be entitled
to pension | 12 | | payments for the time he could have been employed as a teacher | 13 | | and
received salary, but shall not be entitled to pension for | 14 | | or during the summer
vacation prior to his return to service.
| 15 | | When the member again retires on pension, the time of | 16 | | service and the
money contributed by him during re-employment | 17 | | shall be added to the time
and money previously credited. Such | 18 | | person must acquire 3 consecutive years
of additional | 19 | | contributing service before he may retire again on a pension
at | 20 | | a rate and under conditions other than those in force or | 21 | | attained at the
time of his previous retirement.
| 22 | | (c-5) The service retirement pension shall not be cancelled
| 23 | | in the case of a service retirement pensioner who is
| 24 | | re-employed as a teacher on a temporary and non-annual basis or | 25 | | on an hourly basis, so long as the person (1) does not work as a | 26 | | teacher for compensation on more than 100 days in a school year |
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| 1 | | and (2) does not accept gross compensation for the | 2 | | re-employment in a school year in excess of (i) $30,000 or (ii) | 3 | | in the case of a person who retires with at least 5 years of | 4 | | service as a principal, an amount that is equal to the daily | 5 | | rate normally paid to retired principals multiplied by 100. | 6 | | These limitations apply only to school years that begin on or | 7 | | after August 8, 2012 ( the effective date of Public Act 97-912) | 8 | | this amendatory Act of the 97th General Assembly . Such | 9 | | re-employment does not require contributions, result in | 10 | | service credit, or constitute active membership in the Fund. | 11 | | Notwithstanding the 100-day limit set forth in item (1) of | 12 | | this subsection (c-5), the service retirement pension shall not | 13 | | be cancelled in the case of a service retirement pensioner who | 14 | | teaches only driver education courses after regular school | 15 | | hours and does not teach any other subject area, so long as the | 16 | | person does not work as a teacher for compensation for more | 17 | | than 900 hours in a school year. The $30,000 limit set forth in | 18 | | subitem (i) of item (2) of this subsection (c-5) shall apply to | 19 | | a service retirement pensioner who teaches only driver | 20 | | education courses after regular school hours and does not teach | 21 | | any other subject area. | 22 | | To be eligible for such re-employment without cancellation | 23 | | of pension, the pensioner must notify the Fund and the Board of | 24 | | Education of his or her intention to accept re-employment under | 25 | | this subsection (c-5) before beginning that re-employment (or | 26 | | if the re-employment began before the effective date of this |
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| 1 | | amendatory Act, then within 30 days after that effective date). | 2 | | The Board of Education must certify to the Fund the | 3 | | temporary and non-annual or hourly status and the compensation | 4 | | of each pensioner re-employed under this subsection at least | 5 | | quarterly, and when the pensioner is approaching the earnings | 6 | | limitation under this subsection. | 7 | | If the pensioner works more than 100 days or accepts excess | 8 | | gross compensation for such re-employment in any school year | 9 | | that begins on or after August 8, 2012 ( the effective date of | 10 | | Public Act 97-912) this amendatory Act of the 97th General | 11 | | Assembly , the service retirement pension shall thereupon be | 12 | | cancelled. | 13 | | If the pensioner who only teaches drivers education courses | 14 | | after regular school hours works more than 900 hours or accepts | 15 | | excess gross compensation for such re-employment in any school | 16 | | year that begins on or after the effective date of this | 17 | | amendatory Act of the 99th General Assembly, the service | 18 | | retirement pension shall thereupon be cancelled. | 19 | | The Board of the Fund shall adopt rules for the | 20 | | implementation and administration of this subsection. | 21 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the | 22 | | changes to this
Section made by Public Act 90-32
apply without | 23 | | regard to whether termination of service occurred before the
| 24 | | effective date of that Act and apply
retroactively to August | 25 | | 23, 1989.
| 26 | | Notwithstanding Sections 1-103.1 and 17-157, the changes |
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| 1 | | to this Section
and Section 17-106 made by Public Act 92-599
| 2 | | apply without regard to whether termination of service occurred | 3 | | before the
effective date of that Act.
| 4 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 5 | | to this Section
made by this amendatory Act of the 97th General | 6 | | Assembly
apply without regard to whether termination of service | 7 | | occurred before the
effective date of this amendatory Act. | 8 | | (Source: P.A. 97-912, eff. 8-8-12.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.".
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