Bill Text: IL HB3213 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Downstate Teacher Article of the Illinois Pension Code. In the definition of "teacher", removes a provision specifying that an annuitant receiving a retirement annuity under the Chicago Teacher Article who is employed by a board of education or other employer as permitted under specified provisions is not a "teacher" for purposes of the Downstate Teacher Article. Provides that the board may also require reporting requirements that are different than those specified in a provision concerning employer reporting requirements and may require different reporting requirements for different benefits or purposes established under the Article, including, but not limited to, any optional benefit plan an employee chooses to participate in. Provides that if the governing body of an employer that is not a State agency fails to forward specified required contributions within a specified period, the System shall notify the employer of an additional amount due, equal to $50 per day for each day that elapses from the due date until the day the report and employee contributions are received by the System (instead of the greater of an amount representing the interest lost by the system due to late forwarding of contributions, calculated for the number of days which the employer is late in forwarding contributions at a rate of interest prescribed by the board or $50). Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0502 [HB3213 Detail]

Download: Illinois-2019-HB3213-Chaptered.html

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Public Act 101-0502
HB3213 Enrolled LRB101 09761 RPS 54862 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
Sections 16-106 and 16-155 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, provided that he or she becomes
such an employee before the effective date of this
amendatory Act of the 99th General Assembly;
(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 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;
(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;
(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.

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.
(Source: P.A. 99-830, eff. 1-1-17; 100-813, eff. 8-13-18.)
(40 ILCS 5/16-155) (from Ch. 108 1/2, par. 16-155)
Sec. 16-155. Report to system and payment of deductions.
(a) The governing body of each school district shall make
two deposits each month. The deposit for member contributions
for salary paid between the first and the fifteenth of the
month is due by the 25th of the month. The deposit of member
contributions for salary paid between the sixteenth and last
day of the month is due by the 10th of the following month. All
required contributions for salary earned during a school term
are due by July 10 next following the close of such school
term.
The governing body of each State institution coming under
this retirement system, the State Comptroller or other State

officer certifying payroll vouchers including payments of
salary or wages to teachers, and any other employer of
teachers, shall, monthly, forward to the secretary of the
retirement system the member contributions required under this
Article.
Each employer specified above shall, prior to August 15 of
each year, forward to the System a detailed statement, verified
in all cases of school districts by the secretary or clerk of
the district, of the amounts so contributed since the period
covered by the last previous annual statement, together with
required contributions not yet forwarded, such payments being
payable to the System.
The board may prescribe rules governing the form, content,
investigation, control, and supervision of such statements and
may establish additional interim employer reporting
requirements as the Board deems necessary. If no teacher in a
school district comes under the provisions of this Article, the
governing body of the district shall so state under the oath of
its secretary to this system, and shall at the same time
forward a copy of the statement to the regional superintendent
of schools.
The board may also require reporting requirements that are
different than those prescribed in this Section and may require
different reporting requirements for different benefits or
purposes established under this Article, including, but not
limited to, any optional benefit plan an employee chooses to

participate in.
(b) If the governing body of an employer that is not a
State agency fails to forward such required contributions
within the time permitted in subsection (a) above, the System
shall notify the employer of an additional amount due, equal to
the greater of the following: (1) an amount representing the
interest lost by the system due to late forwarding of
contributions, calculated for the number of days which the
employer is late in forwarding contributions at a rate of
interest prescribed by the board, based on its investment
experience; or (2) $50 per day for each day that elapses from
the due date until the day such report and employee
contributions are received by the System.
(c) If the system, on August 15, is not in receipt of the
detailed statements required under this Section of any school
district or other employing unit, such school district or other
employing unit shall pay to the system an amount equal to $250
for each day that elapses from August 15, until the day such
statement is filed with the system.
(Source: P.A. 99-450, eff. 8-24-15.)
Section 90. The State Mandates Act is amended by adding
Section 8.43 as follows:
(30 ILCS 805/8.43 new)
Sec. 8.43. Exempt mandate. Notwithstanding Sections 6 and 8

of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.