PEN CD-DOWNST TEACHER-SHORTAGE
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SB 3374 — PEN CD-DOWNST TEACHER-SHORTAGE
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.
Bill Text
What changed in the latest version
231 added · 24 removedPlain-language change summary
The changes to Bill SB 3374 include an extension of the eligibility period for "eligible employment" for retired teachers returning to teaching in subjects where there is a shortage. The new version allows employment to start as early as July 1, 2003, and goes until June 30, 2018, instead of 2013. This matters because it gives more flexibility and opportunities for retired teachers to help address the shortage in critical subject areas, which is particularly important for maintaining quality education in schools facing teacher shortages.
*LRB09820236RPM55592b* SB3374 98THEngrossed GENERALLRB098 ASSEMBLY20236 StateRPM of55592 Illinoisb andAN 2014ACT SB3374concerning Introducedpublic 2/14/2014,employee bybenefits. Sen.
John M.
Sullivan SYNOPSIS AS INTRODUCED:
ILCS 5/1-101.1 from Ch.
108 1/2, par.
1-101.1 Amends the Illinois Pension Code.
Makes a technical change in a Section concerning definitions.
LRB098 20236 RPM 55592 b PENSION IMPACT NOTE ACT MAY APPLY A BILL FOR SB3374 LRB098 20236 RPM 55592 b AN ACT concerning public employee benefits.
The Illinois Pension Code is amended by changing SectionSections 1-101.116-150.1 and 16-203 as follows:
(40 ILCS 5/1-101.1)5/16-150.1) (fromSec. Ch.
10816-150.1. 1/2, par.
1-101.1)Return Sec.to teaching in subject shortage area.
1-101.1.(a) As used in this Section, "eligible employment" means employment beginning on or after July 1, 2003 and ending no later than June 30, 2018 2013, in a subject shortage area at a qualified school, in a position requiring certification under the law governing the certification of teachers.
Definitions.As used in this Section, "qualified school" means a public elementary or secondary school that meets all of the following requirements:
For(1) purposesAt ofthe thistime Article,of unlesshiring thea theretired contextteacher otherwiseunder requires,this Section, the wordsschool definedis inexperiencing thea Sectionsshortage followingof thisteachers Sectionin andthe precedingsubject Sectionshortage 1-102area shallfor havewhich meaningsthe giventeacher inis thosehired. Sections.
(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.
SB3374 Engrossed - 2 - LRB098 20236 RPM 55592 b (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 SB3374 Engrossed - 3 - LRB098 20236 RPM 55592 b 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 SB3374 Engrossed - 4 - LRB098 20236 RPM 55592 b 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.
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.
90-507,94-129, eff.
8-22-97.)7-7-05;
95-910, eff.
8-26-08.) (40 ILCS 5/16-203) SB3374 Engrossed - 5 - LRB098 20236 RPM 55592 b (Text of Section before amendment by P.A.
98-599) Sec.
16-203.
Show all 87 changed lines (47 more)
Application and expiration of new benefit increases.
(a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after June 1, 2005 (the effective date of Public Act 94-4).
"New benefit increase", however, does not include any benefit increase resulting from the changes made to this Article by Public Act 95-910 or by this amendatory Act of the 98th General Assembly this amendatory Act of the 95th General Assembly.
(b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.
Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection.
The Commission on Government Forecasting and Accountability shall analyze whether adequate additional SB3374 Engrossed - 6 - LRB098 20236 RPM 55592 b funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Financial and Professional Regulation.
A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void.
If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c).
This does not prevent the General Assembly from extending or re-creating a new benefit increase by law.
(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not SB3374 Engrossed - 7 - LRB098 20236 RPM 55592 b apply and qualify for the affected benefit while the new benefit increase was in effect.
(Source:
P.A.
94-4, eff.
6-1-05;
95-910, eff.
8-26-08.) (Text of Section after amendment by P.A.
98-599) Sec.
16-203.
Application and expiration of new benefit increases.
(a) As used in this Section, "new benefit increase" means an increase in the amount of any benefit provided under this Article, or an expansion of the conditions of eligibility for any benefit under this Article, that results from an amendment to this Code that takes effect after June 1, 2005 (the effective date of Public Act 94-4).
"New benefit increase", however, does not include any benefit increase resulting from the changes made to this Article by Public Acts Act 95-910 or 98-599 or by this amendatory Act of the 98th General Assembly or by this amendatory Act of the 98th General Assembly.
(b) Notwithstanding any other provision of this Code or any subsequent amendment to this Code, every new benefit increase is subject to this Section and shall be deemed to be granted only in conformance with and contingent upon compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must identify and provide for payment to the System of additional funding at least sufficient to fund the resulting annual increase in cost to the System as it accrues.
SB3374 Engrossed - 8 - LRB098 20236 RPM 55592 b Every new benefit increase is contingent upon the General Assembly providing the additional funding required under this subsection.
The Commission on Government Forecasting and Accountability shall analyze whether adequate additional funding has been provided for the new benefit increase and shall report its analysis to the Public Pension Division of the Department of Insurance.
A new benefit increase created by a Public Act that does not include the additional funding required under this subsection is null and void.
If the Public Pension Division determines that the additional funding provided for a new benefit increase under this subsection is or has become inadequate, it may so certify to the Governor and the State Comptroller and, in the absence of corrective action by the General Assembly, the new benefit increase shall expire at the end of the fiscal year in which the certification is made.
(d) Every new benefit increase shall expire 5 years after its effective date or on such earlier date as may be specified in the language enacting the new benefit increase or provided under subsection (c).
This does not prevent the General Assembly from extending or re-creating a new benefit increase by law.
(e) Except as otherwise provided in the language creating the new benefit increase, a new benefit increase that expires under this Section continues to apply to persons who applied and qualified for the affected benefit while the new benefit SB3374 Engrossed - 9 - LRB098 20236 RPM 55592 b increase was in effect and to the affected beneficiaries and alternate payees of such persons, but does not apply to any other person, including without limitation a person who continues in service after the expiration date and did not apply and qualify for the affected benefit while the new benefit increase was in effect.
(Source:
P.A.
98-599, eff.
6-1-14.) Section 90.
The State Mandates Act is amended by adding Section 8.38 as follows:
(30 ILCS 805/8.38 new) Sec.
8.38.
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 98th General Assembly.
Section 95.
No acceleration or delay.
Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
Section 99.
Effective date.
This Act takes effect upon becoming law.
Show all 87 changed rows (47 more)
Action History
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Session Sine Die
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. C.D. Davidsmeyer
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Arrived in House
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Third Reading - Passed; 051-000-000
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Added as Co-Sponsor Sen. Patricia Van Pelt
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Placed on Calendar Order of 3rd Reading April 7, 2014
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Second Reading
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Added as Co-Sponsor Sen. Sue Rezin
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Added as Chief Co-Sponsor Sen. William E. Brady
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Added as Chief Co-Sponsor Sen. Wm. Sam McCann
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Added as Chief Co-Sponsor Sen. Kimberly A. Lightford
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Placed on Calendar Order of 2nd Reading March 21, 2014
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Do Pass as Amended Education; 013-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Education
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. John M. Sullivan
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Assigned to Education
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. John M. Sullivan
Sponsors
- John M. Sullivan · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- John M. Sullivan
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 12 | 0 | 0 | 1 |
| Unaffiliated | 36 | 0 | 0 | 7 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 51 | 0 | 0 | 8 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Althoff | — | Yea |
| Barickman | — | Not Voting |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Not Voting |
| Bush | — | Yea |
| Frerichs | — | Yea |
| Hutchinson | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Martinez | — | Yea |
| McCarter | — | Yea |
| McConnaughay | — | Yea |
| Radogno | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Harris | — | Yea |
| Brady | — | Yea |
| McGuire | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Clayborne | — | Yea |
| Forby | — | Yea |
| Haine | — | Yea |
| Kotowski | — | Yea |
| LaHood | — | Not Voting |
| Cullerton | — | Yea |
| Landek | — | Yea |
| Cullerton, T. | — | Not Voting |
| Manar | — | Not Voting |
| McCann | — | Not Voting |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| Trotter | — | Yea |
| Connelly | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Oberweis | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Not Voting |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Not Voting |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 3374 do?
- Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.
- Who sponsors SB 3374?
- SB 3374 is sponsored by John M. Sullivan.
- What is the current status of SB 3374?
- This bill died with 98th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 3374?
- Track SB 3374 free on One Click Politics — get push/email alerts when it moves.
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