Full Text of HB6140 97th General Assembly
HB6140 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB6140 Introduced , by Rep. Tom Cross SYNOPSIS AS INTRODUCED: |
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40 ILCS 5/15-107 | from Ch. 108 1/2, par. 15-107 |
40 ILCS 5/16-106 | from Ch. 108 1/2, par. 16-106 |
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Amends the Illinois Pension Code. Limits participation in the Teachers' Retirement System after the effective date by employees of a school board association operating in compliance
with Article 23 of the School Code. Limits participation in the State Universities Retirement System after the effective date by employees of the Illinois Association of School Administrators, the Illinois Principals Association, Special Olympics Illinois, the Illinois Association of School Business Officials, the Illinois Association for Supervision and Curriculum Development, the Illinois Manufacturing Extension Center, and the Association of Illinois Middle Grade Schools. Does not exclude from participation a person so employed on the effective date, for the duration of that employment. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | PENSION IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Sections 15-107 and 16-106 as follows:
| 6 | | (40 ILCS 5/15-107) (from Ch. 108 1/2, par. 15-107)
| 7 | | Sec. 15-107. Employee.
| 8 | | (a) "Employee" means any member of the educational, | 9 | | administrative,
secretarial, clerical, mechanical, labor or | 10 | | other staff of an employer
whose employment is permanent and | 11 | | continuous or who is employed in a
position in which services | 12 | | are expected to be rendered on a continuous
basis for at least | 13 | | 4 months or one academic term, whichever is less, who
(A) | 14 | | receives payment for personal services on a warrant issued | 15 | | pursuant to
a payroll voucher certified by an employer and | 16 | | drawn by the State
Comptroller upon the State Treasurer or by | 17 | | an employer upon trust, federal
or other funds, or (B) is on a | 18 | | leave of absence without pay. Employment
which is irregular, | 19 | | intermittent or temporary shall not be considered
continuous | 20 | | for purposes of this paragraph.
| 21 | | However, a person is not an "employee" if he or she:
| 22 | | (1) is a student enrolled in and regularly attending | 23 | | classes in a
college or university which is an employer, |
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| 1 | | and is employed on a temporary
basis at less than full | 2 | | time;
| 3 | | (2) is currently receiving a retirement annuity or a | 4 | | disability
retirement annuity under Section 15-153.2 from | 5 | | this System;
| 6 | | (3) is on a military leave of absence;
| 7 | | (4) is eligible to participate in the Federal Civil | 8 | | Service Retirement
System and is currently making | 9 | | contributions to that system based upon
earnings paid by an | 10 | | employer;
| 11 | | (5) is on leave of absence without pay for more than 60 | 12 | | days
immediately following termination of disability | 13 | | benefits under this
Article;
| 14 | | (6) is hired after June 30, 1979 as a public service | 15 | | employment program
participant under the Federal | 16 | | Comprehensive Employment and Training Act
and receives | 17 | | earnings in whole or in part from funds provided under that
| 18 | | Act; or
| 19 | | (7) is employed on or after July 1, 1991 to perform | 20 | | services that
are excluded by subdivision (a)(7)(f) or | 21 | | (a)(19) of Section 210 of the
federal Social Security Act | 22 | | from the definition of employment given in that
Section (42 | 23 | | U.S.C. 410) ; or .
| 24 | | (8) becomes employed after the effective date of this | 25 | | amendatory Act of the 97th General Assembly by the Illinois | 26 | | Association of School Administrators, the Illinois |
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| 1 | | Principals Association, Special Olympics Illinois, the | 2 | | Illinois Association of School Business Officials, the | 3 | | Illinois Association for Supervision and Curriculum | 4 | | Development, the Illinois Manufacturing Extension Center, | 5 | | or the Association of Illinois Middle Grade Schools, with | 6 | | respect to that employment, but this does not exclude | 7 | | participation in the System by a person so employed on that | 8 | | effective date for the duration of that employment. | 9 | | (b) Any employer may, by filing a written notice with the | 10 | | board, exclude
from the definition of "employee" all persons | 11 | | employed pursuant to a federally
funded contract entered into | 12 | | after July 1, 1982 with a federal military
department in a | 13 | | program providing training in military courses to federal
| 14 | | military personnel on a military site owned by the United | 15 | | States Government,
if this exclusion is not prohibited by the | 16 | | federally funded contract or
federal laws or rules governing | 17 | | the administration of the contract.
| 18 | | (c) Any person appointed by the Governor under the Civil | 19 | | Administrative
Code of the State is an employee, if he or she | 20 | | is a participant in this
system on the effective date of the | 21 | | appointment.
| 22 | | (d) A participant on lay-off status under civil service | 23 | | rules is
considered an employee for not more than 120 days from | 24 | | the date of the lay-off.
| 25 | | (e) A participant is considered an employee during (1) the | 26 | | first 60 days
of disability leave, (2) the period, not to |
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| 1 | | exceed one year, in which his
or her eligibility for disability | 2 | | benefits is being considered by the board
or reviewed by the | 3 | | courts, and (3) the period he or she receives disability
| 4 | | benefits under the provisions of Section 15-152, workers' | 5 | | compensation or
occupational disease benefits, or disability | 6 | | income under an insurance
contract financed wholly or partially | 7 | | by the employer.
| 8 | | (f) Absences without pay, other than formal leaves of | 9 | | absence, of less
than 30 calendar days, are not considered as | 10 | | an interruption of a person's
status as an employee. If such | 11 | | absences during any period of 12 months
exceed 30 work days, | 12 | | the employee status of the person is considered as
interrupted | 13 | | as of the 31st work day.
| 14 | | (g) A staff member whose employment contract requires | 15 | | services during
an academic term is to be considered an | 16 | | employee during the summer and
other vacation periods, unless | 17 | | he or she declines an employment contract
for the succeeding | 18 | | academic term or his or her employment status is
otherwise | 19 | | terminated, and he or she receives no earnings during these | 20 | | periods.
| 21 | | (h) An individual who was a participating employee employed | 22 | | in the fire
department of the University of Illinois's | 23 | | Champaign-Urbana campus immediately
prior to the elimination | 24 | | of that fire department and who immediately after the
| 25 | | elimination of that fire department became employed by the fire | 26 | | department of
the City of Urbana or the City of Champaign shall |
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| 1 | | continue to be considered as
an employee for purposes of this | 2 | | Article for so long as the individual remains
employed as a | 3 | | firefighter by the City of Urbana or the City of Champaign. The
| 4 | | individual shall cease to be considered an employee under this | 5 | | subsection (h)
upon the first termination of the individual's | 6 | | employment as a firefighter by
the City of Urbana or the City | 7 | | of Champaign.
| 8 | | (i) An individual who is employed on a full-time basis as | 9 | | an officer
or employee of a statewide teacher organization that | 10 | | serves System
participants or an officer of a national teacher | 11 | | organization that serves
System participants may participate | 12 | | in the System and shall be deemed an
employee, provided that | 13 | | (1) the individual has previously earned
creditable service | 14 | | under this Article, (2) the individual files with the
System an | 15 | | irrevocable election to become a participant before the | 16 | | effective date of this amendatory Act of the 97th General | 17 | | Assembly, (3) the
individual does not receive credit for that | 18 | | employment under any other Article
of this Code, and (4) the | 19 | | individual first became a full-time employee of the teacher | 20 | | organization and becomes a participant before the effective | 21 | | date of this amendatory Act of the 97th General Assembly. An | 22 | | employee under this subsection (i) is responsible for paying
to | 23 | | the System both (A) employee contributions based on the actual | 24 | | compensation
received for service with the teacher | 25 | | organization and (B) employer
contributions equal to the normal | 26 | | costs (as defined in Section 15-155)
resulting from that |
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| 1 | | service; all or any part of these contributions may be
paid on | 2 | | the employee's behalf or picked up for tax purposes (if | 3 | | authorized
under federal law) by the teacher organization.
| 4 | | A person who is an employee as defined in this subsection | 5 | | (i) may establish
service credit for similar employment prior | 6 | | to becoming an employee under this
subsection by paying to the | 7 | | System for that employment the contributions
specified in this | 8 | | subsection, plus interest at the effective rate from the
date | 9 | | of service to the date of payment. However, credit shall not be | 10 | | granted
under this subsection for any such prior employment for | 11 | | which the applicant
received credit under any other provision | 12 | | of this Code, or during which
the applicant was on a leave of | 13 | | absence under Section 15-113.2.
| 14 | | (j) A person employed by the State Board of Higher | 15 | | Education in a position with the Illinois Century Network as of | 16 | | June 30, 2004 shall be considered to be an employee for so long | 17 | | as he or she remains continuously employed after that date by | 18 | | the Department of Central Management Services in a position | 19 | | with the Illinois Century Network, the Bureau of Communication | 20 | | and Computer Services, or, if applicable, any successor bureau
| 21 | | and meets the requirements of subsection (a).
| 22 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 23 | | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| 24 | | Sec. 16-106. Teacher. "Teacher": The following | 25 | | individuals, provided
that, for employment prior to July 1, |
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| 1 | | 1990, they are employed on a
full-time basis, or if not | 2 | | full-time, on a permanent and continuous basis
in a position in | 3 | | which services are expected to be rendered for at least
one | 4 | | school term:
| 5 | | (1) Any educational, administrative, professional or | 6 | | other staff employed
in the public common schools included | 7 | | within this system in a position
requiring certification | 8 | | under the law governing the certification of
teachers;
| 9 | | (2) Any educational, administrative, professional or | 10 | | other staff employed
in any facility of the Department of | 11 | | Children and Family Services or the
Department of Human | 12 | | Services, in a position requiring certification under
the | 13 | | law governing the certification of teachers, and any person | 14 | | who (i)
works in such a position for the Department of | 15 | | Corrections, (ii) was a member
of this System on May 31, | 16 | | 1987, and (iii) did not elect to become a member of
the | 17 | | State Employees' Retirement System pursuant to Section | 18 | | 14-108.2 of this
Code; except that "teacher" does not | 19 | | include any person who (A) becomes
a security employee of | 20 | | the Department of Human Services, as defined in
Section | 21 | | 14-110, after June 28, 2001 (the effective date of Public | 22 | | Act
92-14), or (B) becomes a member of the State Employees'
| 23 | | Retirement System pursuant to Section 14-108.2c of this | 24 | | Code;
| 25 | | (3) Any regional superintendent of schools, assistant | 26 | | regional
superintendent of schools, State Superintendent |
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| 1 | | of Education; any person
employed by the State Board of | 2 | | Education as an executive; any executive of
the boards | 3 | | engaged in the service of public common school education in
| 4 | | school districts covered under this system of which the | 5 | | State
Superintendent of Education is an ex-officio member;
| 6 | | (4) Any person participating in the System on the | 7 | | effective date of this amendatory Act of the 97th General | 8 | | Assembly as an employee of a school board association | 9 | | operating in compliance
with Article 23 of the School Code | 10 | | who is certificated under the law
governing the | 11 | | certification of teachers , for the duration of that | 12 | | employment, but not a person who becomes so employed after | 13 | | that date ;
| 14 | | (5) Any person employed by the retirement system
who:
| 15 | | (i) was an employee of and a participant in the | 16 | | system on August 17,
2001 (the effective date of Public | 17 | | Act 92-416), or
| 18 | | (ii) becomes an employee of the system on or after | 19 | | August 17, 2001;
| 20 | | (6) Any educational, administrative, professional or | 21 | | other staff
employed by and under the supervision and | 22 | | control of a regional
superintendent of schools, provided | 23 | | such employment position requires the
person to be | 24 | | certificated under the law governing the certification of
| 25 | | teachers and is in an educational program serving 2 or more | 26 | | districts in
accordance with a joint agreement authorized |
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| 1 | | by the School Code or by federal
legislation;
| 2 | | (7) Any educational, administrative, professional or | 3 | | other staff employed
in an educational program serving 2 or | 4 | | more school districts in accordance
with a joint agreement | 5 | | authorized by the School Code or by federal
legislation and | 6 | | in a position requiring certification under the laws
| 7 | | governing the certification of teachers;
| 8 | | (8) Any officer or employee of a statewide teacher | 9 | | organization or
officer of a national teacher organization | 10 | | who is certified under the law
governing certification of | 11 | | teachers, provided: (i) the individual had
previously | 12 | | established creditable service under this Article, (ii) | 13 | | the
individual files with the system an irrevocable | 14 | | election to become a member before the effective date of | 15 | | this amendatory Act of the 97th General Assembly,
(iii) the | 16 | | individual does not receive credit for such service under | 17 | | any
other Article of this Code, and (iv) the individual | 18 | | first became an officer or employee of the teacher | 19 | | organization and becomes a member before the effective date | 20 | | of this amendatory Act of the 97th General Assembly;
| 21 | | (9) Any educational, administrative, professional, or | 22 | | other staff
employed in a charter school operating in | 23 | | compliance with the Charter
Schools Law who is certificated | 24 | | under the law governing the certification
of teachers.
| 25 | | (10) Any person employed, on the effective date of this | 26 | | amendatory Act of the 94th General Assembly, by the |
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| 1 | | Macon-Piatt Regional Office of Education in a | 2 | | birth-through-age-three pilot program receiving funds | 3 | | under Section 2-389 of the School Code who is required by | 4 | | the Macon-Piatt Regional Office of Education to hold a | 5 | | teaching certificate, provided that the Macon-Piatt | 6 | | Regional Office of Education makes an election, within 6 | 7 | | months after the effective date of this amendatory Act of | 8 | | the 94th General Assembly, to have the person participate | 9 | | in the system. Any service established prior to the | 10 | | effective date of this amendatory Act of the 94th General | 11 | | Assembly for service as an employee of the Macon-Piatt | 12 | | Regional Office of Education in a birth-through-age-three | 13 | | pilot program receiving funds under Section 2-389 of the | 14 | | School Code shall be considered service as a teacher if | 15 | | employee and employer contributions have been received by | 16 | | the system and the system has not refunded those | 17 | | contributions.
| 18 | | An annuitant receiving a retirement annuity under this | 19 | | Article or under
Article 17 of this Code who is employed by a | 20 | | board of education
or other employer as permitted under Section | 21 | | 16-118
or 16-150.1 is not a "teacher" for purposes of this | 22 | | Article. A person who
has received a single-sum retirement | 23 | | benefit under Section 16-136.4 of this
Article is not a | 24 | | "teacher" for purposes of this Article.
| 25 | | (Source: P.A. 97-651, eff. 1-5-12.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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