Public Act 093-0320
Public Act 93-0320 of the 93rd General Assembly
Public Act 93-0320
SB195 Enrolled LRB093 03082 EFG 03099 b
AN ACT in relation to public employee benefits.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Employees Group Insurance Act of
1971 is amended by adding Section 6.15 as follows:
(5 ILCS 375/6.15 new)
Sec. 6.15. Retired teacher returning to service in
shortage area. Notwithstanding any other provision of this
Act, the eligibility of an annuitant or TRS benefit recipient
to participate in the program of health benefits established
under Section 6 or 6.5 of this Act is suspended for any
period during which he or she is covered under a plan of
group health benefits for active teachers due to eligible
employment as defined in Section 16-150.1 of the Illinois
Pension Code. Upon termination of that coverage, eligibility
to participate in the program of health benefits established
under Section 6 or 6.5 shall be immediately restored, without
any interruption or delay in coverage or limitation as to
pre-existing medical condition.
Section 10. The Illinois Pension Code is amended by
changing Sections 16-106, 16-118, 16-132, 16-150, and 16-152
and adding Section 16-150.1 as follows:
(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
Sec. 16-106. Teacher. "Teacher": The following
individuals, provided that, for employment prior to July 1,
1990, they are employed on a full-time basis, or if not
full-time, on a permanent and continuous basis in a position
in which services are expected to be rendered for at least
one school term:
(1) Any educational, administrative, professional
or other staff employed in the public common schools
included within this system in a position requiring
certification under the law governing the certification
of teachers;
(2) Any educational, administrative, professional
or other staff employed in any facility of the Department
of Children and Family Services or the Department of
Human Services, in a position requiring certification
under the law governing the certification of teachers,
and any person who (i) works in such a position for the
Department of Corrections, (ii) was a member of this
System on May 31, 1987, and (iii) did not elect to become
a member of the State Employees' Retirement System
pursuant to Section 14-108.2 of this Code; except that
"teacher" does not include any person who (A) becomes a
security employee of the Department of Human Services, as
defined in Section 14-110, after June 28, 2001 (the
effective date of Public Act 92-14), or (B) becomes a
member of the State Employees' Retirement System pursuant
to Section 14-108.2c of this Code;
(3) Any regional superintendent of schools,
assistant regional superintendent of schools, State
Superintendent of Education; any person employed by the
State Board of Education as an executive; any executive
of the boards engaged in the service of public common
school education in school districts covered under this
system of which the State Superintendent of Education is
an ex-officio member;
(4) Any employee of a school board association
operating in compliance with Article 23 of the School
Code who is certificated under the law governing the
certification of teachers;
(5) Any person employed by the retirement system
who:
(i) was an employee of and a participant in
the system on August 17, 2001 (the effective date of
Public Act 92-416), or
(ii) becomes an employee of the system on or
after August 17, 2001;
(6) Any educational, administrative, professional
or other staff employed by and under the supervision and
control of a regional superintendent of schools, provided
such employment position requires the person to be
certificated under the law governing the certification of
teachers and is in an educational program serving 2 or
more districts in accordance with a joint agreement
authorized by the School Code or by federal legislation;
(7) Any educational, administrative, professional
or other staff employed in an educational program
serving 2 or more school districts in accordance with a
joint agreement authorized by the School Code or by
federal legislation and in a position requiring
certification under the laws governing the certification
of teachers;
(8) Any officer or employee of a statewide teacher
organization or officer of a national teacher
organization who is certified under the law governing
certification of teachers, provided: (i) the individual
had previously established creditable service under this
Article, (ii) the individual files with the system an
irrevocable election to become a member, and (iii) the
individual does not receive credit for such service under
any other Article of this Code;
(9) Any educational, administrative, professional,
or other staff employed in a charter school operating in
compliance with the Charter Schools Law who is
certificated under the law governing the certification of
teachers.
An annuitant receiving a retirement annuity under this
Article or under Article 17 of this Code who is temporarily
employed by a board of education or other employer as not
exceeding that permitted under Section 16-118 or 16-150.1 is
not a "teacher" for purposes of this Article. A person who
has received a single-sum retirement benefit under Section
16-136.4 of this Article is not a "teacher" for purposes of
this Article.
(Source: P.A. 92-14, eff. 6-28-01; 92-416, eff. 8-17-01;
92-651, eff. 7-11-02.)
(40 ILCS 5/16-118) (from Ch. 108 1/2, par. 16-118)
Sec. 16-118. Retirement. "Retirement": Entry upon a
retirement annuity or receipt of a single-sum retirement
benefit granted under this Article after termination of
active service as a teacher.
(a) An annuitant receiving a retirement annuity other
than a disability retirement annuity may accept employment as
a teacher from a school board or other employer specified in
Section 16-106 without impairing retirement status, if that
employment: (1) is not within the school year during which
service was terminated; and (2) does not exceed 100 paid days
or 500 paid hours in any school year (during the period
beginning July 1, 2001 through June 30, 2006, 120 paid days
or 600 paid hours in each school year). Where such permitted
employment is partly on a daily and partly on an hourly
basis, a day shall be considered as 5 hours.
(b) Subsection (a) does not apply to an annuitant who
returns to teaching under the program established in Section
16-150.1, for the duration of his or her participation in
that program.
(Source: P.A. 92-416, eff. 8-17-01.)
(40 ILCS 5/16-132) (from Ch. 108 1/2, par. 16-132)
Sec. 16-132. Retirement annuity eligibility. A member
who has at least 20 years of creditable service is entitled
to a retirement annuity upon or after attainment of age 55.
A member who has at least 10 but less than 20 years of
creditable service is entitled to a retirement annuity upon
or after attainment of age 60. A member who has at least 5
but less than 10 years of creditable service is entitled to a
retirement annuity upon or after attainment of age 62. A
member who (i) has earned during the period immediately
preceding the last day of service at least one year of
contributing creditable service as an employee of a
department as defined in Section 14-103.04, (ii) has earned
at least 5 years of contributing creditable service as an
employee of a department as defined in Section 14-103.04, and
(iii) retires on or after January 1, 2001 is entitled to a
retirement annuity upon or after attainment of an age which,
when added to the number of years of his or her total
creditable service, equals at least 85. Portions of years
shall be counted as decimal equivalents.
A member who is eligible to receive a retirement annuity
of at least 74.6% of final average salary and will attain age
55 on or before December 31 during the year which commences
on July 1 shall be deemed to attain age 55 on the preceding
June 1.
A member meeting the above eligibility conditions is
entitled to a retirement annuity upon written application to
the board setting forth the date the member wishes the
retirement annuity to commence. However, the effective date
of the retirement annuity shall be no earlier than the day
following the last day of creditable service, regardless of
the date of official termination of employment.
To be eligible for a retirement annuity, a member shall
not be employed as a teacher in the schools included under
this System or under Article 17, except (i) as provided in
Section 16-118 or 16-150.1, (ii) if unless the member is
disabled (in which event, eligibility for salary must cease),
or (iii) if unless the System is required by federal law to
commence payment due to the member's age; the changes to this
sentence made by this amendatory Act of the 93rd General
Assembly 1991 shall apply without regard to whether the
member terminated employment before or after its effective
date.
(Source: P.A. 90-582, eff. 5-27-98; 91-927, eff. 12-14-00.)
(40 ILCS 5/16-150) (from Ch. 108 1/2, par. 16-150)
Sec. 16-150. Re-entry.
(a) This Section does not apply to an annuitant who
returns to teaching under the program established in Section
16-150.1, for the duration of his or her participation in
that program.
(b) If an annuitant under this System is again employed
as a teacher for an aggregate period exceeding that permitted
by Section 16-118, his or her retirement annuity shall be
terminated and the annuitant shall thereupon be regarded as
an active member. The annuitant's remaining accumulated
contributions shall be transferred to the Members'
Contribution Reserve from the Employer's Contribution
Reserve.
Such annuitant is not entitled to a recomputation of his
or her retirement annuity unless at least one full year of
creditable service is rendered after the latest re-entry into
service and the annuitant must have rendered at least 3 years
of creditable service after last re-entry into service to
qualify for a recomputation of the retirement annuity based
on amendments enacted while in receipt of a retirement
annuity, except when retirement was due to disability.
However, regardless of age, an annuitant in receipt of a
retirement annuity may be given temporary employment by a
school board not exceeding that permitted under Section
16-118 and continue to receive the retirement annuity.
(c) Unless retirement was necessitated by disability, a
retirement shall be considered cancelled and the retirement
allowance must be repaid in full if the annuitant is employed
as a teacher within the school year during which service was
terminated.
(d) An annuitant's retirement which does not include a
period of at least one full and complete school year shall be
considered cancelled and the retirement annuity must be
repaid in full unless such retirement was necessitated by
disability.
(Source: P.A. 86-273; 87-794.)
(40 ILCS 5/16-150.1 new)
Sec. 16-150.1. Return to teaching in subject shortage
area.
(a) As used in this Section, "eligible employment" means
employment beginning on or after July 1, 2003 and ending no
later than June 30, 2008, in a subject shortage area at a
qualified school, in a position requiring certification under
the law governing the certification of teachers.
As used in this Section, "qualified school" means a
public elementary or secondary school that meets all of the
following requirements:
(1) At the time of hiring a retired teacher under
this Section, the school is experiencing a shortage of
teachers in the subject shortage area for which the
teacher is hired.
(2) The school district to which the school belongs
has complied with the requirements of subsection (e), and
the regional superintendent has certified that compliance
to the System.
(3) If the school district to which the school
belongs provides group health benefits for its teachers
generally, substantially similar health benefits are made
available for teachers participating in the program under
this Section, without any limitations based on
pre-existing conditions.
(b) An annuitant receiving a retirement annuity under
this Article (other than a disability retirement annuity) may
engage in eligible employment at a qualified school without
impairing his or her retirement status or retirement annuity,
subject to the following conditions:
(1) the eligible employment does not begin within
the school year during which service was terminated;
(2) the annuitant has not received any early
retirement incentive under Section 16-133.3, 16-133.4, or
16-133.5;
(3) if the annuitant retired before age 60 and with
less than 34 years of service, the eligible employment
does not begin within the year following the effective
date of the retirement annuity;
(4) if the annuitant retired at age 60 or above or
with 34 or more years of service, the eligible employment
does not begin within the 90 days following the effective
date of the retirement annuity; and
(5) before the eligible employment begins, the
employer notifies the System in writing of the
annuitant's desire to participate in the program
established under this Section.
(c) An annuitant engaged in eligible employment in
accordance with subsection (b) shall be deemed a participant
in the program established under this Section for so long as
he or she remains employed in eligible employment.
(d) A participant in the program established under this
Section continues to be a retirement annuitant, rather than
an active teacher, for all of the purposes of this Code, but
shall be deemed an active teacher for other purposes, such as
inclusion in a collective bargaining unit, eligibility for
group health benefits, and compliance with the laws governing
the employment, regulation, certification, treatment, and
conduct of teachers.
With respect to an annuitant's eligible employment under
this Section, neither employee nor employer contributions
shall be made to the System and no additional service credit
shall be earned. Eligible employment does not affect the
annuitant's final average salary or the amount of the
retirement annuity.
(e) Before hiring a teacher under this Section, the
school district to which the school belongs must do the
following:
(1) If the school district to which the school
belongs has honorably dismissed, within the calendar year
preceding the beginning of the school term for which it
seeks to employ a retired teacher under the program
established in this Section, any teachers who are legally
qualified to hold positions in the subject shortage area
and have not yet begun to receive their retirement
annuities under this Article, the vacant positions must
first be tendered to those teachers.
(2) For a period of at least 90 days during the 6
months preceding the beginning of the school term for
which it seeks to employ a retired teacher under the
program established in this Section, the school district
must, on an ongoing basis, both (i) advertise its
vacancies in the subject shortage area in a newspaper of
general circulation in the area in which the school is
located and in employment bulletins published by college
and university placement offices located near the school;
and (ii) search for teachers legally qualified to fill
those vacancies through the Illinois Education Job Bank.
The school district must submit documentation of its
compliance with this subsection to the regional
superintendent. Upon receiving satisfactory documentation
from the school district, the regional superintendent shall
certify the district's compliance with this subsection to the
System.
(f) This Section applies without regard to whether the
annuitant was in service on or after the effective date of
this amendatory Act of the 93rd General Assembly.
(40 ILCS 5/16-152) (from Ch. 108 1/2, par. 16-152)
Sec. 16-152. Contributions by members.
(a) Each member shall make contributions for membership
service to this System as follows:
(1) Effective July 1, 1998, contributions of 7.50%
of salary towards the cost of the retirement annuity.
Such contributions shall be deemed "normal
contributions".
(2) Effective July 1, 1969, contributions of 1/2 of
1% of salary toward the cost of the automatic annual
increase in retirement annuity provided under Section
16-133.1.
(3) Effective July 24, 1959, contributions of 1% of
salary towards the cost of survivor benefits. Such
contributions shall not be credited to the individual
account of the member and shall not be subject to refund
except as provided under Section 16-143.2.
(b) The minimum required contribution for any year of
full-time teaching service shall be $192.
(c) Contributions shall not be required of any annuitant
receiving a retirement annuity who is given temporary
employment as not exceeding that permitted under Section
16-118 or 16-150.1.
(d) A person who (i) was a member before July 1, 1998,
(ii) retires with more than 34 years of creditable service,
and (iii) does not elect to qualify for the augmented rate
under Section 16-129.1 shall be entitled, at the time of
retirement, to receive a partial refund of contributions made
under this Section for service occurring after the later of
June 30, 1998 or attainment of 34 years of creditable
service, in an amount equal to 1.00% of the salary upon which
those contributions were based.
(Source: P.A. 90-582, eff. 5-27-98.)
Section 15. The School Code is amended by changing
Section 3-14.25 as follows:
(105 ILCS 5/3-14.25) (from Ch. 122, par. 3-14.25)
Sec. 3-14.25. Unfilled teaching positions list; subject
shortage area certifications.
(a) To maintain, and make available to the public during
regular business hours, a list of unfilled teaching positions
within the region. The most current version of the list must
be posted on or linked to the regional office of education's
Internet web site. If the regional office of education does
not have an Internet web site, the regional superintendent of
schools must make the list available to the State Board of
Education and the State Board of Education must post the list
on the State Board of Education's Internet web site. The
State Board of Education's Internet web site must provide a
link to each regional office of education's list.
(b) To certify to the Teachers' Retirement System of the
State of Illinois that a school district has submitted
satisfactory evidence of compliance with the requirements of
subsection (e) of Section 16-150.1 of the Illinois Pension
Code, for the purpose of authorizing the employment of
retired teachers in subject shortage areas under the program
established in that Section.
(Source: P.A. 92-41, eff. 7-1-01.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 7/23/2003
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