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90_SB1908
40 ILCS 5/17-134 from Ch. 108 1/2, par. 17-134
30 ILCS 805/8.22 new
Amends the Chicago Teacher Article of the Pension Code.
Provides that teachers may receive credit for a total of up
to 3 years of maternity or paternity leave. Amends the State
Mandates Act to require implementation without reimbursement.
Effective immediately.
LRB9011594EGfg
LRB9011594EGfg
1 AN ACT to amend the Illinois Pension Code by changing
2 Section 17-134 and to amend the State Mandates Act.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Pension Code is amended by
6 changing Section 17-134 as follows:
7 (40 ILCS 5/17-134) (from Ch. 108 1/2, par. 17-134)
8 Sec. 17-134. Contributions for leaves of absence;
9 military service; computing service. In computing service
10 for pension purposes the following periods of service shall
11 stand in lieu of a like number of years of teaching service
12 upon payment therefor in the manner hereinafter provided: (a)
13 time spent on sabbatical leaves of absence, sick leaves, or
14 maternity or paternity leaves; (b) service with teacher or
15 labor organizations based upon special leaves of absence
16 therefor granted by an Employer; (c) a maximum of 5 years
17 spent in the military service of the United States, of which
18 up to 2 years may have been served outside the pension
19 period; (d) unused sick days at termination of service to a
20 maximum of 244 days; (e) time lost due to layoff and
21 curtailment of the school term from June 6 through June 21,
22 1976; and (f) time spent after June 30, 1982 as a member of
23 the Board of Education, if required to resign from an
24 administrative or teaching position in order to qualify as a
25 member of the Board of Education.
26 (1) For time spent on or after September 6, 1948 on
27 sabbatical leaves of absence or sick leaves, for which
28 salaries are paid, an Employer shall make payroll
29 deductions at the applicable rates in effect during such
30 periods.
31 (2) For time spent on sabbatical or sick leaves
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1 commencing on or after September 1, 1961, and for time
2 spent on maternity or paternity leaves, for which no
3 salaries are paid, teachers desiring credit therefor
4 shall pay the required contributions at the rates in
5 effect during such periods as though they were in
6 teaching service. If an Employer pays salary for
7 vacations which occur during a teacher's sick leave or
8 maternity or paternity leave without salary, vacation pay
9 for which the teacher would have qualified while in
10 active service shall be considered part of the teacher's
11 total salary for pension purposes. No more than 12
12 months of sick leave credit and no more than 36 months of
13 or maternity or paternity leave credit may be allowed any
14 person during the entire term of service. Sabbatical
15 leave credit shall be limited to the time that the person
16 on leave without salary under an Employer's rules is
17 allowed to engage in an activity for which he receives
18 salary or compensation.
19 (3) For time spent prior to September 6, 1948, on
20 sabbatical leaves of absence or sick leaves for which
21 salaries were paid, teachers desiring service credit
22 therefor shall pay the required contributions at the
23 maximum applicable rates in effect during such periods.
24 (4) For service with teacher or labor organizations
25 authorized by special leaves of absence, for which no
26 payroll deductions are made by an Employer, teachers
27 desiring service credit therefor shall contribute to the
28 Fund upon the basis of the actual salary received from
29 such organizations at the percentage rates in effect
30 during such periods for certified positions with such
31 Employer. To the extent the actual salary exceeds the
32 regular salary, which shall be defined as the salary
33 rate, as calculated by the Board, in effect for the
34 teacher's regular position in teaching service on
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1 September 1, 1983 or on the effective date of the leave
2 with the organization, whichever is later, the
3 organization shall pay to the Fund the employer's normal
4 cost as set by the Board on the increment.
5 (5) For time spent in the military service,
6 teachers entitled to and desiring credit therefor shall
7 contribute the amount required for each year of service
8 or fraction thereof at the rates in force (a) at the date
9 of appointment, or (b) on return to teaching service as a
10 regularly certified teacher, as the case may be; provided
11 such rates shall not be less than $450 per year of
12 service. These conditions shall apply unless an Employer
13 elects to and does pay into the Fund the amount which
14 would have been due from such person had he been employed
15 as a teacher during such time. In the case of credit for
16 military service not during the pension period, the
17 teacher must also pay to the Fund an amount determined by
18 the Board to be equal to the employer's normal cost of
19 the benefits accrued from such service, plus interest
20 thereon at 5% per year, compounded annually, from the
21 date of appointment to the date of payment.
22 The changes to this Section made by Public Act
23 87-795 shall apply not only to persons who on or after
24 its effective date are in service under the Fund, but
25 also to persons whose status as a teacher terminated
26 prior to that date, whether or not the person is an
27 annuitant on that date. In the case of an annuitant who
28 applies for credit allowable under this Section for a
29 period of military service that did not immediately
30 follow employment, and who has made the required
31 contributions for such credit, the annuity shall be
32 recalculated to include the additional service credit,
33 with the increase taking effect on the date the Fund
34 received written notification of the annuitant's intent
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1 to purchase the credit, if payment of all the required
2 contributions is made within 60 days of such notice, or
3 else on the first annuity payment date following the date
4 of payment of the required contributions. In calculating
5 the automatic annual increase for an annuity that has
6 been recalculated under this Section, the increase
7 attributable to the additional service allowable under
8 this amendatory Act of 1991 shall be included in the
9 calculation of automatic annual increases accruing after
10 the effective date of the recalculation.
11 The total credit for military service shall not
12 exceed 5 years, except that any teacher who on July 1,
13 1963, had validated credit for more than 5 years of
14 military service shall be entitled to the total amount of
15 such credit.
16 (6) A maximum of 244 unused sick days credited to
17 his account by an Employer on the date of termination of
18 employment. Members, upon verification of unused sick
19 days, may add this service time to total creditable
20 service.
21 (7) In all cases where time spent on leave is
22 creditable and no payroll deductions therefor are made by
23 an Employer, persons desiring service credit shall make
24 the required contributions directly to the Fund.
25 (8) For time lost without pay due to layoff and
26 curtailment of the school term from June 6 through June
27 21, 1976, as provided in item (e) of the first paragraph
28 of this Section, persons who were contributors on the
29 days immediately preceding such layoff shall receive
30 credit upon paying to the Fund a contribution based on
31 the rates of compensation and employee contributions in
32 effect at the time of such layoff, together with an
33 additional amount equal to 12.2% of the compensation
34 computed for such period of layoff, plus interest on the
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1 entire amount at 5% per annum from January 1, 1978 to the
2 date of payment. If such contribution is paid, salary
3 for pension purposes for any year in which such a layoff
4 occurred shall include the compensation recognized for
5 purposes of computing that contribution.
6 (9) For time spent after June 30, 1982, as a
7 nonsalaried member of the Board of Education, if required
8 to resign from an administrative or teaching position in
9 order to qualify as a member of the Board of Education,
10 an administrator or teacher desiring credit therefor
11 shall pay the required contributions at the rates and
12 salaries in effect during such periods as though the
13 member were in service.
14 Effective September 1, 1974, the interest charged for
15 validation of service described in paragraphs (2) through (5)
16 of this Section shall be compounded annually at a rate of 5%
17 commencing one year after the termination of the leave or
18 return to service.
19 (Source: P.A. 90-32, eff. 6-27-97; 90-566, eff. 1-2-98.)
20 Section 90. The State Mandates Act is amended by adding
21 Section 8.22 as follows:
22 (30 ILCS 805/8.22 new)
23 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
24 and 8 of this Act, no reimbursement by the State is required
25 for the implementation of any mandate created by this
26 amendatory Act of 1998.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.