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| Public Act 100-0813 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Pension Code is amended by changing | ||||
Section 16-106, 16-106.3, and 16-127 as follows:
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(40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
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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:
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(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;
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(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'
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Retirement System pursuant to Section 14-108.2c of this | ||
Code;
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(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
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school districts covered under this system of which the | ||
State
Superintendent of Education is an ex-officio member;
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(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, provided that he or she becomes | ||
such an employee before the effective date of this | ||
amendatory Act of the 99th General Assembly;
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(5) Any person employed by the retirement system
who:
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(i) was an employee of and a participant in the | ||
system on August 17,
2001 (the effective date of Public | ||
Act 92-416), or
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(ii) becomes an employee of the system on or after | ||
August 17, 2001;
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(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
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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;
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(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
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governing the certification of teachers;
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(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 before the effective date of | ||
this amendatory Act of the 97th General Assembly,
(iii) the | ||
individual does not receive credit for such service under | ||
any
other Article of this Code, and (iv) the individual | ||
first became an officer or employee of the teacher | ||
organization and becomes a member before the effective date | ||
of this amendatory Act of the 97th General Assembly;
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(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;
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(10) Any person employed, on the effective date of this | ||
amendatory Act of the 94th General Assembly, by the | ||
Macon-Piatt Regional Office of Education in a | ||
birth-through-age-three pilot program receiving funds | ||
under Section 2-389 of the School Code who is required by | ||
the Macon-Piatt Regional Office of Education to hold a | ||
teaching certificate, provided that the Macon-Piatt | ||
Regional Office of Education makes an election, within 6 | ||
months after the effective date of this amendatory Act of | ||
the 94th General Assembly, to have the person participate | ||
in the system. Any service established prior to the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly for service as an employee of the Macon-Piatt | ||
Regional Office of Education in a birth-through-age-three | ||
pilot program receiving funds under Section 2-389 of the | ||
School Code shall be considered service as a teacher if | ||
employee and employer contributions have been received by | ||
the system and the system has not refunded those | ||
contributions.
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An annuitant receiving a retirement annuity under this | ||
Article or under
Article 17 of this Code who is employed by a | ||
board of education
or other employer as 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. For purposes of this | ||
Article, "teacher" does not include a person employed by an | ||
entity that provides substitute teaching services under | ||
Section 2-3.173 of the School Code and is not a school | ||
district.
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(Source: P.A. 98-463, eff. 8-16-13; 99-830, eff. 1-1-17.)
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(40 ILCS 5/16-106.3) (from Ch. 108 1/2, par. 16-106.3)
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Sec. 16-106.3. Substitute teacher. "Substitute teacher": | ||
Any teacher
employed on a temporary basis to replace another | ||
teacher. "Substitute teacher" does not include an individual | ||
employed by an entity that provides substitute teaching | ||
services under Section 2-3.173 of the School Code and is not a | ||
school district.
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(Source: P.A. 86-273.)
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(40 ILCS 5/16-127) (from Ch. 108 1/2, par. 16-127)
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(Text of Section WITHOUT the changes made by P.A. 98-599, | ||
which has been held unconstitutional)
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Sec. 16-127. Computation of creditable service.
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(a) Each member shall receive regular credit for all
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service as a teacher from the date membership begins, for which
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satisfactory evidence is supplied and all contributions have | ||
been paid.
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(b) The following periods of service shall earn optional | ||
credit and
each member shall receive credit for all such | ||
service for which
satisfactory evidence is supplied and all | ||
contributions have been paid as
of the date specified:
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(1) Prior service as a teacher.
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(2) Service in a capacity essentially similar or | ||
equivalent to that of a
teacher, in the public common | ||
schools in school districts in this State not
included | ||
within the provisions of this System, or of any other | ||
State,
territory, dependency or possession of the United | ||
States, or in schools
operated by or under the auspices of | ||
the United States, or under the
auspices of any agency or | ||
department of any other State, and service during
any | ||
period of professional speech correction or special | ||
education
experience for a public agency within this State | ||
or any other State,
territory, dependency or possession of | ||
the United States, and service prior
to February 1, 1951 as | ||
a recreation worker for the Illinois Department of
Public | ||
Safety, for a period not exceeding the lesser of 2/5 of the | ||
total
creditable service of the member or 10 years. The | ||
maximum service of 10
years which is allowable under this | ||
paragraph shall be reduced by the
service credit which is | ||
validated by other retirement systems under
paragraph (i) | ||
of Section 15-113 and paragraph 1 of Section 17-133. Credit
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granted under this paragraph may not be used in | ||
determination of a
retirement annuity or disability | ||
benefits unless the member has at least 5
years of | ||
creditable service earned subsequent to this employment | ||
with one
or more of the following systems: Teachers' | ||
Retirement System of the State
of Illinois, State | ||
Universities Retirement System, and the Public School
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Teachers' Pension and Retirement Fund of Chicago. Whenever | ||
such service
credit exceeds the maximum allowed for all | ||
purposes of this Article, the
first service rendered in | ||
point of time shall be considered.
The changes to this | ||
subdivision (b)(2) made by Public Act 86-272 shall
apply | ||
not only to persons who on or after its effective date | ||
(August 23,
1989) are in service as a teacher under the | ||
System, but also to persons
whose status as such a teacher | ||
terminated prior to such effective date,
whether or not | ||
such person is an annuitant on that date.
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(3) Any periods immediately following teaching | ||
service, under this
System or under Article 17, (or | ||
immediately following service prior to
February 1, 1951 as | ||
a recreation worker for the Illinois Department of
Public | ||
Safety) spent in active service with the military forces of | ||
the
United States; periods spent in educational programs | ||
that prepare for
return to teaching sponsored by the | ||
federal government following such
active military service; | ||
if a teacher returns to teaching service within
one | ||
calendar year after discharge or after the completion of | ||
the
educational program, a further period, not exceeding | ||
one calendar year,
between time spent in military service | ||
or in such educational programs and
the return to | ||
employment as a teacher under this System; and a period of | ||
up
to 2 years of active military service not immediately | ||
following employment
as a teacher.
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The changes to this Section and Section 16-128 relating | ||
to military
service made by P.A. 87-794 shall apply not | ||
only to persons who on or after its
effective date are in | ||
service as a teacher under the System, but also to
persons | ||
whose status as a teacher terminated prior to that date, | ||
whether or not
the person is an annuitant on that date. In | ||
the case of an annuitant who
applies for credit allowable | ||
under this Section for a period of military
service that | ||
did not immediately follow employment, and who has made the
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required contributions for such credit, the annuity shall | ||
be recalculated to
include the additional service credit, | ||
with the increase taking effect on the
date the System | ||
received written notification of the annuitant's intent to
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purchase the credit, if payment of all the required | ||
contributions is made
within 60 days of such notice, or | ||
else on the first annuity payment date
following the date | ||
of payment of the required contributions. In calculating
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the automatic annual increase for an annuity that has been | ||
recalculated under
this Section, the increase attributable | ||
to the additional service allowable
under P.A. 87-794 shall | ||
be included in the calculation of automatic annual
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increases accruing after the effective date of the | ||
recalculation.
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Credit for military service shall be determined as | ||
follows: if entry
occurs during the months of July, August, | ||
or September and the member was a
teacher at the end of the | ||
immediately preceding school term, credit shall
be granted | ||
from July 1 of the year in which he or she entered service; | ||
if
entry occurs during the school term and the teacher was | ||
in teaching service
at the beginning of the school term, | ||
credit shall be granted from July 1 of
such year. In all | ||
other cases where credit for military service is allowed,
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credit shall be granted from the date of entry into the | ||
service.
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The total period of military service for which credit | ||
is granted shall
not exceed 5 years for any member unless | ||
the service: (A) is validated
before July 1, 1964, and (B) | ||
does not extend beyond July 1, 1963. Credit
for military | ||
service shall be granted under this Section only if not | ||
more
than 5 years of the military service for which credit | ||
is granted under this
Section is used by the member to | ||
qualify for a military retirement
allotment from any branch | ||
of the armed forces of the United States. The
changes to | ||
this subdivision (b)(3) made by Public Act 86-272 shall | ||
apply
not only to persons who on or after its effective | ||
date (August 23, 1989)
are in service as a teacher under | ||
the System, but also to persons whose
status as such a | ||
teacher terminated prior to such effective date, whether
or | ||
not such person is an annuitant on that date.
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(4) Any periods served as a member of the General | ||
Assembly.
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(5)(i) Any periods for which a teacher, as defined in | ||
Section
16-106, is granted a leave of absence, provided he | ||
or she returns to teaching
service creditable under this | ||
System or the State Universities Retirement
System | ||
following the leave; (ii) periods during which a teacher is
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involuntarily laid off from teaching, provided he or she | ||
returns to teaching
following the lay-off; (iii) periods | ||
prior to July 1, 1983 during which
a teacher ceased covered | ||
employment due to pregnancy, provided that the teacher
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returned to teaching service creditable under this System | ||
or the State
Universities Retirement System following the | ||
pregnancy and submits evidence
satisfactory to the Board | ||
documenting that the employment ceased due to
pregnancy; | ||
and (iv) periods prior to July 1, 1983 during which a | ||
teacher
ceased covered employment for the purpose of | ||
adopting an infant under 3 years
of age or caring for a | ||
newly adopted infant under 3 years of age, provided that
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the teacher returned to teaching service creditable under | ||
this System or the
State Universities Retirement System | ||
following the adoption and submits
evidence satisfactory | ||
to the Board documenting that the employment ceased for
the | ||
purpose of adopting an infant under 3 years of age or | ||
caring for a newly
adopted infant under 3 years of age. | ||
However, total credit under this
paragraph (5) may not | ||
exceed 3 years.
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Any qualified member or annuitant may apply for credit | ||
under item (iii)
or (iv) of this paragraph (5) without | ||
regard to whether service was
terminated before the | ||
effective date of this amendatory Act of 1997. In the case | ||
of an annuitant who establishes credit under item (iii)
or | ||
(iv), the annuity shall be recalculated to include the | ||
additional
service credit. The increase in annuity shall | ||
take effect on the date the
System receives written | ||
notification of the annuitant's intent to purchase the
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credit, if the required evidence is submitted and the | ||
required contribution
paid within 60 days of that | ||
notification, otherwise on the first annuity
payment date | ||
following the System's receipt of the required evidence and
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contribution. The increase in an annuity recalculated | ||
under this provision
shall be included in the calculation | ||
of automatic annual increases in the
annuity accruing after | ||
the effective date of the recalculation.
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Optional credit may be purchased under this subsection | ||
(b)(5) for
periods during which a teacher has been granted | ||
a leave of absence pursuant
to Section 24-13 of the School | ||
Code. A teacher whose service under this
Article terminated | ||
prior to the effective date of P.A. 86-1488 shall be
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eligible to purchase such optional credit. If a teacher who | ||
purchases this
optional credit is already receiving a | ||
retirement annuity under this Article,
the annuity shall be | ||
recalculated as if the annuitant had applied for the leave
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of absence credit at the time of retirement. The difference | ||
between the
entitled annuity and the actual annuity shall | ||
be credited to the purchase of
the optional credit. The | ||
remainder of the purchase cost of the optional credit
shall | ||
be paid on or before April 1, 1992.
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The change in this paragraph made by Public Act 86-273 | ||
shall
be applicable to teachers who retire after June 1, | ||
1989, as well as to
teachers who are in service on that | ||
date.
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(6) Any days of unused and uncompensated accumulated | ||
sick leave earned
by a teacher. The service credit granted | ||
under this paragraph shall be the
ratio of the number of | ||
unused and uncompensated accumulated sick leave days
to 170 | ||
days, subject to a maximum of 2 years of service
credit. | ||
Prior to the member's retirement, each former employer | ||
shall
certify to the System the number of unused and | ||
uncompensated accumulated
sick leave days credited to the | ||
member at the time of termination of service.
The period of | ||
unused sick leave shall not be considered in determining
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the effective date of retirement. A member is not required | ||
to make
contributions in order to obtain service credit for | ||
unused sick leave.
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Credit for sick leave shall, at retirement, be granted | ||
by the System
for any retiring regional or assistant | ||
regional superintendent of schools
at the rate of 6 days | ||
per year of creditable service or portion thereof
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established while serving as such superintendent or | ||
assistant
superintendent.
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(7) Periods prior to February 1, 1987 served as an | ||
employee of the
Illinois Mathematics and Science Academy | ||
for which credit has not been
terminated under Section | ||
15-113.9 of this Code.
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(8) Service as a substitute teacher for work performed
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prior to July 1, 1990.
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(9) Service as a part-time teacher for work performed
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prior to July 1, 1990.
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(10) Up to 2 years of employment with Southern Illinois | ||
University -
Carbondale from September 1, 1959 to August | ||
31, 1961, or with Governors
State University from September | ||
1, 1972 to August 31, 1974, for which the
teacher has no | ||
credit under Article 15. To receive credit under this item
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(10), a teacher must apply in writing to the Board and pay | ||
the required
contributions before May 1, 1993 and have at | ||
least 12 years of service
credit under this Article.
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(b-1) A member may establish optional credit for up to 2 | ||
years of service
as a teacher or administrator employed by a | ||
private school recognized by the
Illinois State Board of | ||
Education, provided that the teacher (i) was certified
under | ||
the law governing the certification of teachers at the time the | ||
service
was rendered, (ii) applies in writing on or after | ||
August 1, 2009 and on or before
August 1, 2012, (iii) supplies | ||
satisfactory evidence of the employment, (iv)
completes at | ||
least 10 years of contributing service as a teacher as defined | ||
in
Section 16-106, and (v) pays the contribution required in | ||
subsection (d-5) of
Section 16-128. The member may apply for | ||
credit under this subsection and pay
the required contribution | ||
before completing the 10 years of contributing
service required | ||
under item (iv), but the credit may not be used until the
item | ||
(iv) contributing service requirement has been met.
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(c) The service credits specified in this Section shall be | ||
granted only
if: (1) such service credits are not used for | ||
credit in any other statutory
tax-supported public employee | ||
retirement system other than the federal Social
Security | ||
program; and (2) the member makes the required contributions as
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specified in Section 16-128. Except as provided in subsection | ||
(b-1) of
this Section, the service credit shall be effective as | ||
of the date the
required contributions are completed.
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Any service credits granted under this Section shall | ||
terminate upon
cessation of membership for any cause.
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Credit may not be granted under this Section covering any | ||
period for
which an age retirement or disability retirement | ||
allowance has been paid.
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Credit may not be granted under this Section for service as | ||
an employee of an entity that provides substitute teaching | ||
services under Section 2-3.173 of the School Code and is not a | ||
school district. | ||
(Source: P.A. 96-546, eff. 8-17-09.)
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Section 10. The School Code is amended by adding Section | ||
2-3.173 as follows: | ||
(105 ILCS 5/2-3.173 new) | ||
Sec. 2-3.173. Substitute teachers; recruiting firms. | ||
(a) In this Section, "recruiting firm" means a company with | ||
expertise in finding qualified applicants for positions and | ||
screening those potential workers for an employer. | ||
(b) By January 1, 2019, the State Board of Education shall | ||
implement a program and adopt rules to allow school districts | ||
to supplement their substitute teacher recruitment for | ||
elementary and secondary schools with the use of recruiting | ||
firms, subject to the other provisions of this Section. To | ||
qualify for the program, a school district shall demonstrate to | ||
the State Board that, because of the severity of its substitute | ||
teacher shortage, it is unable to find an adequate amount of | ||
substitute or retired teachers and has exhausted all other | ||
efforts. Substitute teachers provided by a recruiting firm must | ||
adhere to all mandated State laws, rules, and screening | ||
requirements for substitute teachers not provided by a | ||
recruiting firm and must be paid on the same wage scale as | ||
substitute teachers not provided by a recruiting firm. This | ||
Section shall not be construed to require school districts to | ||
use recruiting firms for substitute teachers. A school district | ||
may not use a recruiting firm under this Section to circumvent | ||
any collective bargaining agreements or State laws, rules, or | ||
screening requirements for teachers. A school district may not | ||
reduce the number of full-time staff members of a department as | ||
a result of hiring a substitute teacher recruiting firm. In the | ||
event of a teacher's strike, a school district may not use a | ||
recruiting firm to hire a substitute teacher. | ||
(c) A school district organized under Article 34 of this | ||
Code may contract with a substitute teacher recruiting firm | ||
under this Section only if the district meets the following | ||
requirements: | ||
(1) certifies to the State Board of Education that it | ||
has adequate funds to fill and pay for all substitute | ||
teacher positions; | ||
(2) prioritizes existing substitute teachers over | ||
substitute teachers from recruiting firms; | ||
(3) files copies of all substitute teacher contracts | ||
with the State Board of Education; and | ||
(4) requires that the substitute teacher recruiting | ||
firm file an annual report with the school district that | ||
would include the number of substitute teachers that were | ||
placed in the district, the total cost of the contract to | ||
the district, and the percentage of substitute teacher | ||
openings that were filled. | ||
(d) A substitute teacher recruiting firm may enter into an | ||
agreement with a labor organization that has a collective | ||
bargaining agreement with a school district.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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