Illinois General Assembly - Full Text of Public Act 102-0440
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Public Act 102-0440


Public Act 0440 102ND GENERAL ASSEMBLY



Public Act 102-0440
HB2569 EnrolledLRB102 14427 RPS 19779 b

    AN ACT concerning public employee benefits.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Pension Code is amended by
changing Section 16-150.1 as follows:
    (40 ILCS 5/16-150.1)
    Sec. 16-150.1. Return to teaching in subject shortage
    (a) As used in this Section, "eligible employment" means
employment beginning on or after July 1, 2003 and ending no
later than June 30, 2024 2021, 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
        (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
        (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
    (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
        (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 either the fall or
    spring 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;
    and (iii) post all vacancies on the school district's
    website and list the vacancy in an online job portal or
    A school district replacing a teacher who is unable to
continue employment with the school district because of
documented illness, injury, or disability that occurred after
being hired by a school district under this Section shall be
exempt from the provisions of paragraph (2) for 90 school
days. However, the school district must on an ongoing basis
comply with items (i), (ii), and (iii) of paragraph (2).
    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.
(Source: P.A. 100-743, eff. 8-10-18; 101-49, eff. 7-12-19.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/20/2021