SB 153 — PENSION CD-TRS-PREGNANCY LEAVE

*LRB09504631AMC24689b* SB0153 95THEngrossed GENERALLRB095 ASSEMBLY04631 StateAMC of24689 Illinoisb andAN 2008ACT SB0153concerning Introducedpublic 1/31/2007,employee bybenefits. Sen.

Todd Sieben SYNOPSIS AS INTRODUCED:

ILCS 5/16-127 from Ch.

108 1/2, par.

16-127 ILCS 5/16-128 from Ch.

108 1/2, par.

16-128 ILCS 5/16-203.1 new Amends the Downstate Teachers Article of the Illinois Pension Code.

Allows a teacher to establish credit for certain leaves of absence due to pregnancy.

Includes new benefit increase compliance language.

Effective immediately.

LRB095 04631 AMC 24689 b FISCAL NOTE ACT PENSION IMPACT MAY APPLY NOTE ACT MAY APPLY A BILL FOR SB0153 LRB095 04631 AMC 24689 b AN ACT concerning public employee benefits.

(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 SB0153 Engrossed - 2 - LRB095 04631 AMC 24689 b 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 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 SB0153 Engrossed - 3 - LRB095 04631 AMC 24689 b (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.

In SB0153 Engrossed - 4 - LRB095 04631 AMC 24689 b 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 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 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 all other cases where credit for military service is allowed, SB0153 Engrossed - 5 - LRB095 04631 AMC 24689 b credit shall be granted from the date of entry into the service.

(iii) periods SB0153 Engrossed - 6 - LRB095 04631 AMC 24689 b prior to July 1, 1983 during which a teacher ceased covered employment due to pregnancy, provided that the teacher 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;

The increase in annuity shall take effect on the date the System receives written SB0153 Engrossed - 7 - LRB095 04631 AMC 24689 b notification of the annuitant’s intent to purchase the 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 contribution.

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 SB0153 Engrossed - 8 - LRB095 04631 AMC 24689 b date.

However, total credit under paragraph (5) and this paragraph (5.1) may not exceed 3 years.

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 established while serving as such superintendent or SB0153 Engrossed - 9 - LRB095 04631 AMC 24689 b established while serving as such superintendent or assistant superintendent.

(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 June 1, 2002 and on or before June 1, 2005, (iii) supplies satisfactory evidence of the employment, (iv) completes at SB0153 Engrossed - 10 - LRB095 04631 AMC 24689 b least 10 years of contributing service as a teacher as defined SB0153 - 10 - LRB095 04631 AMC 24689 b in Section 16-106, and (v) pays the contribution required in subsection (d-5) of Section 16-128.

(a) In order to receive the creditable service specified under subsection (b) of Section 16-127, a member is required to SB0153 Engrossed - 11 - LRB095 04631 AMC 24689 b make the following contributions:

(i) an amount equal to the SB0153 - 11 - LRB095 04631 AMC 24689 b contributions which would have been required had such service been rendered as a member under this System;

(ii) for a leave of absence due to pregnancy during creditable service established under subdivision (b) (5.1) of Section 16-127 and (iii) for military service not immediately following employment and for service established under subdivision (b)(10) of Section 16-127, an amount determined by the Board to be equal to the employer’s normal cost of the benefits accrued for such service;

(c) In determining the contribution required in order to SB0153 Engrossed - 12 - LRB095 04631 AMC 24689 b receive creditable service under paragraph (3) of subsection (b) of Section 16-127, the salary rate for the remainder of the SB0153 - 12 - LRB095 04631 AMC 24689 b school term in which a member enters military service shall be assumed to be equal to the member’s salary rate at the time of entering military service.

(d) In determining the contribution required in order to receive creditable service under paragraph (5) and (5.1) of subsection (b) of Section 16-127, a member’s salary rate during the period for which credit is being established shall be assumed to be equal to the member’s last salary rate immediately preceding that period.

(d-5) For each year of service credit to be established under subsection (b-1) of Section 16-127, a member is required to contribute to the System (i) 16.5% of the annual salary rate during the first year of full-time employment as a teacher under this Article following the private school service, plus (ii) interest thereon from the date of first full-time employment as a teacher under this Article following the SB0153 Engrossed - 13 - LRB095 04631 AMC 24689 b private school service to the date of payment, compounded annually, at the rate of 8.5% per year for periods before the SB0153 - 13 - LRB095 04631 AMC 24689 b effective date of this amendatory Act of the 92nd General Assembly, and for subsequent periods at a rate equal to the System’s actuarially assumed rate of return on investments.

The General Assembly SB0153 Engrossed - 14 - LRB095 04631 AMC 24689 b finds and declares that the amendment to SectionsSection 16-127 made by this amendatory Act of the 95th General Assembly that allows SB0153 - 14 - LRB095 04631 AMC 24689 b a teacher to establish credit for a leave of absence due to a pregnancy constitutes a new benefit increase within the meaning of Section 16-203.