Illinois General Assembly - Full Text of HB2569
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Full Text of HB2569  102nd General Assembly


Rep. Patrick Windhorst

Filed: 3/22/2021





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2    AMENDMENT NO. ______. Amend House Bill 2569 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 16-150.1 as follows:
6    (40 ILCS 5/16-150.1)
7    Sec. 16-150.1. Return to teaching in subject shortage
9    (a) As used in this Section, "eligible employment" means
10employment beginning on or after July 1, 2003 and ending no
11later than June 30, 2024 2021, in a subject shortage area at a
12qualified school, in a position requiring certification under
13the law governing the certification of teachers.
14    As used in this Section, "qualified school" means a public
15elementary or secondary school that meets all of the following



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1        (1) At the time of hiring a retired teacher under this
2    Section, the school is experiencing a shortage of teachers
3    in the subject shortage area for which the teacher is
4    hired.
5        (2) The school district to which the school belongs
6    has complied with the requirements of subsection (e), and
7    the regional superintendent has certified that compliance
8    to the System.
9        (3) If the school district to which the school belongs
10    provides group health benefits for its teachers generally,
11    substantially similar health benefits are made available
12    for teachers participating in the program under this
13    Section, without any limitations based on pre-existing
14    conditions.
15    (b) An annuitant receiving a retirement annuity under this
16Article (other than a disability retirement annuity) may
17engage in eligible employment at a qualified school without
18impairing his or her retirement status or retirement annuity,
19subject to the following conditions:
20        (1) the eligible employment does not begin within the
21    school year during which service was terminated;
22        (2) the annuitant has not received any early
23    retirement incentive under Section 16-133.3, 16-133.4, or
24    16-133.5;
25        (3) if the annuitant retired before age 60 and with
26    less than 34 years of service, the eligible employment



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1    does not begin within the year following the effective
2    date of the retirement annuity;
3        (4) if the annuitant retired at age 60 or above or with
4    34 or more years of service, the eligible employment does
5    not begin within the 90 days following the effective date
6    of the retirement annuity; and
7        (5) before the eligible employment begins, the
8    employer notifies the System in writing of the annuitant's
9    desire to participate in the program established under
10    this Section.
11    (c) An annuitant engaged in eligible employment in
12accordance with subsection (b) shall be deemed a participant
13in the program established under this Section for so long as he
14or she remains employed in eligible employment.
15    (d) A participant in the program established under this
16Section continues to be a retirement annuitant, rather than an
17active teacher, for all of the purposes of this Code, but shall
18be deemed an active teacher for other purposes, such as
19inclusion in a collective bargaining unit, eligibility for
20group health benefits, and compliance with the laws governing
21the employment, regulation, certification, treatment, and
22conduct of teachers.
23    With respect to an annuitant's eligible employment under
24this Section, neither employee nor employer contributions
25shall be made to the System and no additional service credit
26shall be earned. Eligible employment does not affect the



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1annuitant's final average salary or the amount of the
2retirement annuity.
3    (e) Before hiring a teacher under this Section, the school
4district to which the school belongs must do the following:
5        (1) If the school district to which the school belongs
6    has honorably dismissed, within the calendar year
7    preceding the beginning of the school term for which it
8    seeks to employ a retired teacher under the program
9    established in this Section, any teachers who are legally
10    qualified to hold positions in the subject shortage area
11    and have not yet begun to receive their retirement
12    annuities under this Article, the vacant positions must
13    first be tendered to those teachers.
14        (2) For a period of at least 90 days during the 6
15    months preceding the beginning of either the fall or
16    spring term for which it seeks to employ a retired teacher
17    under the program established in this Section, the school
18    district must, on an ongoing basis, both (i) advertise its
19    vacancies in the subject shortage area in a newspaper of
20    general circulation in the area in which the school is
21    located and in employment bulletins published by college
22    and university placement offices located near the school;
23    and (ii) search for teachers legally qualified to fill
24    those vacancies through the Illinois Education Job Bank;
25    and (iii) post all vacancies on the school district's
26    website and list the vacancy in an online job portal or



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1    database.
2    A school district replacing a teacher who is unable to
3continue employment with the school district because of
4documented illness, injury, or disability that occurred after
5being hired by a school district under this Section shall be
6exempt from the provisions of paragraph (2) for 90 school
7days. However, the school district must on an ongoing basis
8comply with items (i), (ii), and (iii) of paragraph (2).
9    The school district must submit documentation of its
10compliance with this subsection to the regional
11superintendent. Upon receiving satisfactory documentation from
12the school district, the regional superintendent shall certify
13the district's compliance with this subsection to the System.
14    (f) This Section applies without regard to whether the
15annuitant was in service on or after the effective date of this
16amendatory Act of the 93rd General Assembly.
17(Source: P.A. 100-743, eff. 8-10-18; 101-49, eff. 7-12-19.)
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".