Illinois General Assembly - Full Text of HB3432
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Full Text of HB3432  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Dave Severin


40 ILCS 5/16-128.5 new
40 ILCS 5/16-203

    Amends the Downstate Teacher Article of the Illinois Pension Code. Provides that a teacher who served as a teacher during the public health emergency declared by the Governor related to the COVID-19 pandemic shall receive one additional day of service credit for each day of service credit earned during that period, notwithstanding any limitation on the amount of service credit that may be earned in a single year. Provides that the service credit shall be granted without any additional employee or employer contribution. Provides that any benefit increase that results from the amendatory Act is excluded from the definition of "new benefit increase". Effective immediately.

LRB103 28268 RPS 54647 b





HB3432LRB103 28268 RPS 54647 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 adding
5Section 16-128.5 and by amending Section 16-203 as follows:
6    (40 ILCS 5/16-128.5 new)
7    Sec. 16-128.5. Additional service credit for service
8during the COVID-19 public health emergency. A teacher who
9served as a teacher during the public health emergency
10declared by the Governor related to the COVID-19 pandemic
11shall receive one additional day of service credit for each
12day of service credit earned during that period,
13notwithstanding any limitation on the amount of service credit
14that may be earned in a single year. Service credit under this
15Section shall be granted without any additional employee or
16employer contribution.
17    (40 ILCS 5/16-203)
18    Sec. 16-203. Application and expiration of new benefit
20    (a) As used in this Section, "new benefit increase" means
21an increase in the amount of any benefit provided under this
22Article, or an expansion of the conditions of eligibility for



HB3432- 2 -LRB103 28268 RPS 54647 b

1any benefit under this Article, that results from an amendment
2to this Code that takes effect after June 1, 2005 (the
3effective date of Public Act 94-4). "New benefit increase",
4however, does not include any benefit increase resulting from
5the changes made to Article 1 or this Article by Public Act
695-910, Public Act 100-23, Public Act 100-587, Public Act
7100-743, Public Act 100-769, Public Act 101-10, Public Act
8101-49, Public Act 102-16, Public Act 102-871, or this
9amendatory Act of the 103rd General Assembly Public Act 102-16
10this amendatory Act of the 102nd General Assembly.
11    (b) Notwithstanding any other provision of this Code or
12any subsequent amendment to this Code, every new benefit
13increase is subject to this Section and shall be deemed to be
14granted only in conformance with and contingent upon
15compliance with the provisions of this Section.
16    (c) The Public Act enacting a new benefit increase must
17identify and provide for payment to the System of additional
18funding at least sufficient to fund the resulting annual
19increase in cost to the System as it accrues.
20    Every new benefit increase is contingent upon the General
21Assembly providing the additional funding required under this
22subsection. The Commission on Government Forecasting and
23Accountability shall analyze whether adequate additional
24funding has been provided for the new benefit increase and
25shall report its analysis to the Public Pension Division of
26the Department of Insurance. A new benefit increase created by



HB3432- 3 -LRB103 28268 RPS 54647 b

1a Public Act that does not include the additional funding
2required under this subsection is null and void. If the Public
3Pension Division determines that the additional funding
4provided for a new benefit increase under this subsection is
5or has become inadequate, it may so certify to the Governor and
6the State Comptroller and, in the absence of corrective action
7by the General Assembly, the new benefit increase shall expire
8at the end of the fiscal year in which the certification is
10    (d) Every new benefit increase shall expire 5 years after
11its effective date or on such earlier date as may be specified
12in the language enacting the new benefit increase or provided
13under subsection (c). This does not prevent the General
14Assembly from extending or re-creating a new benefit increase
15by law.
16    (e) Except as otherwise provided in the language creating
17the new benefit increase, a new benefit increase that expires
18under this Section continues to apply to persons who applied
19and qualified for the affected benefit while the new benefit
20increase was in effect and to the affected beneficiaries and
21alternate payees of such persons, but does not apply to any
22other person, including, without limitation, a person who
23continues in service after the expiration date and did not
24apply and qualify for the affected benefit while the new
25benefit increase was in effect.
26(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;



HB3432- 4 -LRB103 28268 RPS 54647 b

1101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.
28-20-21; 102-813, eff. 5-13-22; 102-871, eff. 5-13-22; revised
4    Section 99. Effective date. This Act takes effect upon
5becoming law.