Full Text of HB6298 99th General Assembly
HB6298enr 99TH GENERAL ASSEMBLY |
| | HB6298 Enrolled | | LRB099 19814 RPS 44213 b |
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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 17-143.5 and 17-149 as follows: | 6 | | (40 ILCS 5/17-143.5 new) | 7 | | Sec. 17-143.5. Testimony and the production of records. The | 8 | | Board shall have the power to issue subpoenas to compel the | 9 | | attendance of witnesses and the production of documents and | 10 | | records in conjunction with the determination of employer | 11 | | payments required under subsection (c) of Section 17-116, a | 12 | | disability claim, an administrative review proceeding, an | 13 | | attempt to obtain information to assist in the collection of | 14 | | sums due to the Fund, or a felony forfeiture investigation. The | 15 | | fees of witnesses for attendance and travel shall be the same | 16 | | as the fees of witnesses before the circuit courts of this | 17 | | State and shall be paid by the party seeking the subpoena. The | 18 | | Board may apply to any circuit court in the State for an order | 19 | | requiring compliance with a subpoena issued under this Section. | 20 | | Subpoenas issued under this Section shall be subject to | 21 | | applicable provisions of the Code of Civil Procedure.
| 22 | | (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
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| 1 | | Sec. 17-149. Cancellation of pensions.
| 2 | | (a) If any person receiving a disability retirement
pension | 3 | | from the Fund is re-employed as a teacher by an Employer, the | 4 | | pension
shall be cancelled on the date the re-employment | 5 | | begins, or on the first day of
a payroll period for which | 6 | | service credit was validated, whichever is earlier.
| 7 | | (b) If any person receiving a service retirement pension | 8 | | from the Fund
is re-employed as a teacher on a permanent or | 9 | | annual basis by an Employer,
the pension shall be cancelled on | 10 | | the date the re-employment begins, or on
the first day of a | 11 | | payroll period for which service credit was validated,
| 12 | | whichever is earlier. However, subject to the limitations and | 13 | | requirements of subsection (c-5), the pension shall not be | 14 | | cancelled
in the case of a service retirement pensioner who is
| 15 | | re-employed on a temporary and non-annual basis or on an hourly | 16 | | basis.
| 17 | | (c) If the date of re-employment on a permanent or annual | 18 | | basis
occurs within 5 school months after the date of previous | 19 | | retirement, exclusive
of any vacation period, the member shall | 20 | | be deemed to have been out of service
only temporarily and not | 21 | | permanently retired. Such person shall be entitled
to pension | 22 | | payments for the time he could have been employed as a teacher | 23 | | and
received salary, but shall not be entitled to pension for | 24 | | or during the summer
vacation prior to his return to service.
| 25 | | When the member again retires on pension, the time of | 26 | | service and the
money contributed by him during re-employment |
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| 1 | | shall be added to the time
and money previously credited. Such | 2 | | person must acquire 3 consecutive years
of additional | 3 | | contributing service before he may retire again on a pension
at | 4 | | a rate and under conditions other than those in force or | 5 | | attained at the
time of his previous retirement.
| 6 | | (c-5) The service retirement pension shall not be cancelled
| 7 | | in the case of a service retirement pensioner who is
| 8 | | re-employed as a teacher on a temporary and non-annual basis or | 9 | | on an hourly basis, so long as the person (1) does not work as a | 10 | | teacher for compensation on more than 100 days in a school year | 11 | | or (2) does not accept gross compensation for the re-employment | 12 | | in a school year in excess of (i) $30,000 or (ii) in the case of | 13 | | a person who retires with at least 5 years of service as a | 14 | | principal, an amount that is equal to the daily rate normally | 15 | | paid to retired principals multiplied by 100. These limitations | 16 | | apply only to school years that begin on or after August 8, | 17 | | 2012 ( the effective date of Public Act 97-912) this amendatory | 18 | | Act of the 97th General Assembly . Such re-employment does not | 19 | | require contributions, result in service credit, or constitute | 20 | | active membership in the Fund. | 21 | | Notwithstanding the 100-day limit set forth in item (1) of | 22 | | this subsection (c-5), the service retirement pension shall not | 23 | | be cancelled in the case of a service retirement pensioner who | 24 | | teaches only driver education courses after regular school | 25 | | hours and does not teach any other subject area, so long as the | 26 | | person does not work as a teacher for compensation for more |
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| 1 | | than 900 hours in a school year. The $30,000 limit set forth in | 2 | | subitem (i) of item (2) of this subsection (c-5) shall apply to | 3 | | a service retirement pensioner who teaches only driver | 4 | | education courses after regular school hours and does not teach | 5 | | any other subject area. | 6 | | To be eligible for such re-employment without cancellation | 7 | | of pension, the pensioner must notify the Fund and the Board of | 8 | | Education of his or her intention to accept re-employment under | 9 | | this subsection (c-5) before beginning that re-employment (or | 10 | | if the re-employment began before the effective date of this | 11 | | amendatory Act, then within 30 days after that effective date). | 12 | | An Employer must certify to the Fund the temporary and | 13 | | non-annual or hourly status and the compensation of each | 14 | | pensioner re-employed under this subsection at least | 15 | | quarterly, and when the pensioner is approaching the earnings | 16 | | limitation under this subsection. | 17 | | If the pensioner works more than 100 days or accepts excess | 18 | | gross compensation for such re-employment in any school year | 19 | | that begins on or after August 8, 2012 ( the effective date of | 20 | | Public Act 97-912) this amendatory Act of the 97th General | 21 | | Assembly , the service retirement pension shall thereupon be | 22 | | cancelled. | 23 | | If the pensioner who only teaches drivers education courses | 24 | | after regular school hours works more than 900 hours or accepts | 25 | | excess gross compensation for such re-employment in any school | 26 | | year that begins on or after the effective date of this |
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| 1 | | amendatory Act of the 99th General Assembly, the service | 2 | | retirement pension shall thereupon be cancelled. | 3 | | The Board of the Fund shall adopt rules for the | 4 | | implementation and administration of this subsection. | 5 | | (d) Notwithstanding Sections 1-103.1 and 17-157, the | 6 | | changes to this
Section made by Public Act 90-32
apply without | 7 | | regard to whether termination of service occurred before the
| 8 | | effective date of that Act and apply
retroactively to August | 9 | | 23, 1989.
| 10 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 11 | | to this Section
and Section 17-106 made by Public Act 92-599
| 12 | | apply without regard to whether termination of service occurred | 13 | | before the
effective date of that Act.
| 14 | | Notwithstanding Sections 1-103.1 and 17-157, the changes | 15 | | to this Section
made by this amendatory Act of the 97th General | 16 | | Assembly
apply without regard to whether termination of service | 17 | | occurred before the
effective date of this amendatory Act. | 18 | | (Source: P.A. 99-176, eff. 7-29-15.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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