Illinois 96th Regular Session Status: Passed Senate

SB 39 — PENSION CD-TRS-PREGNANCY LEAVE

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 96th 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 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.

Bill Text

What changed in the latest version

14 added · 33 removed

Plain-language change summary

The recent updates to Bill SB 39 introduce provisions that allow teachers to earn credit for time off taken due to pregnancy, which was not previously addressed. This change is significant because it supports the rights of educators returning from maternity leave, ensuring they receive recognition for their time away from work. Additionally, the bill includes new language related to compliance with benefit increases, which may further enhance the protections and benefits available to teachers. Overall, these amendments reflect an effort to improve support for educators during critical life events.

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*LRB09603892AMC13927b* SB0039 96TH GENERAL ASSEMBLY State of Illinois and 2010 SB0039 Introduced 1/30/2009, by Sen.
SB0039 Engrossed LRB096 03892 AMC 13927 b AN ACT concerning public employee benefits.
Pamela J.
Althoff 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 Allows a teacher to establish credit for certain leaves of absence due to pregnancy.
Includes new benefit increase compliance language.
Effective immediately.
LRB096 03892 AMC 13927 b FISCAL NOTE ACT PENSION IMPACT MAY APPLY NOTE ACT MAY APPLY A BILL FOR SB0039 LRB096 03892 AMC 13927 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 SB0039 - 2 - LRB096 03892 AMC 13927 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.
(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 SB0039 Engrossed - 2 - LRB096 03892 AMC 13927 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 SB0039 - 3 - LRB096 03892 AMC 13927 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.
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 SB0039 Engrossed - 3 - LRB096 03892 AMC 13927 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 SB0039 - 4 - LRB096 03892 AMC 13927 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 SB0039 Engrossed - 4 - LRB096 03892 AMC 13927 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, SB0039 - 5 - LRB096 03892 AMC 13927 b credit shall be granted from the date of entry into the service.
In all other cases where credit for military service is allowed, SB0039 Engrossed - 5 - LRB096 03892 AMC 13927 b credit shall be granted from the date of entry into the service.
(iii) periods SB0039 - 6 - LRB096 03892 AMC 13927 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;
(iii) periods SB0039 Engrossed - 6 - LRB096 03892 AMC 13927 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 SB0039 - 7 - LRB096 03892 AMC 13927 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 increase in annuity shall take effect on the date the System receives written SB0039 Engrossed - 7 - LRB096 03892 AMC 13927 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 SB0039 - 8 - LRB096 03892 AMC 13927 b date.
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 SB0039 Engrossed - 8 - LRB096 03892 AMC 13927 b date.
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 SB0039 - 9 - LRB096 03892 AMC 13927 b established while serving as such superintendent or assistant superintendent.
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 SB0039 Engrossed - 9 - LRB096 03892 AMC 13927 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 SB0039 - 10 - LRB096 03892 AMC 13927 b 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.
(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 SB0039 Engrossed - 10 - LRB096 03892 AMC 13927 b 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.
(a) In order to receive the creditable service specified under subsection (b) of Section 16-127, a member is required to SB0039 - 11 - LRB096 03892 AMC 13927 b make the following contributions:
(a) In order to receive the creditable service specified under subsection (b) of Section 16-127, a member is required to SB0039 Engrossed - 11 - LRB096 03892 AMC 13927 b make the following contributions:
(c) In determining the contribution required in order to SB0039 - 12 - LRB096 03892 AMC 13927 b receive creditable service under paragraph (3) of subsection (b) of Section 16-127, the salary rate for the remainder of the 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.
(c) In determining the contribution required in order to SB0039 Engrossed - 12 - LRB096 03892 AMC 13927 b receive creditable service under paragraph (3) of subsection (b) of Section 16-127, the salary rate for the remainder of the 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-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 SB0039 - 13 - LRB096 03892 AMC 13927 b private school service to the date of payment, compounded annually, at the rate of 8.5% per year for periods before the 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.
(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 SB0039 Engrossed - 13 - LRB096 03892 AMC 13927 b private school service to the date of payment, compounded annually, at the rate of 8.5% per year for periods before the 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 SB0039 - 14 - LRB096 03892 AMC 13927 b finds and declares that the amendment to Section 16-127 made by this amendatory Act of the 96th General Assembly that allows 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.
The General Assembly SB0039 Engrossed - 14 - LRB096 03892 AMC 13927 b finds and declares that the amendment to Section 16-127 made by this amendatory Act of the 96th General Assembly that allows 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.
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Action History

  1. Session Sine Die

  2. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  3. Sponsor Removed Sen. Kyle McCarter

  4. Sponsor Removed Sen. Tim Bivins

  5. Placed on Calendar Order of Concurrence House Amendment(s) 1, 3, 4, 5 - May 30, 2009

  6. Secretary's Desk - Concurrence House Amendment(s) 1, 3, 4, 5

  7. House Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)

  8. Third Reading - Short Debate - Passed 112-005-001

  9. Placed on Calendar Order of 3rd Reading - Short Debate

  10. House Floor Amendment No. 5 Adopted by Voice Vote

  11. Held on Calendar Order of Second Reading - Short Debate

  12. House Floor Amendment No. 4 Adopted by Voice Vote

  13. House Floor Amendment No. 3 Adopted by Voice Vote

  14. House Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 003-002-000

  15. Added as Co-Sponsor Sen. David Koehler

  16. House Floor Amendment No. 4 Recommends Be Adopted Personnel and Pensions Committee; 010-000-000

  17. House Floor Amendment No. 3 Recommends Be Adopted Personnel and Pensions Committee; 007-001-000

  18. Alternate Chief Sponsor Changed to Rep. Mike Bost

  19. House Floor Amendment No. 5 Referred to Rules Committee

  20. House Floor Amendment No. 5 Filed with Clerk by Rep. Donald L. Moffitt

  21. House Floor Amendment No. 4 Rules Refers to Personnel and Pensions Committee

  22. House Floor Amendment No. 3 Rules Refers to Personnel and Pensions Committee

  23. House Floor Amendment No. 2 Rules Refers to Personnel and Pensions Committee

  24. House Floor Amendment No. 4 Referred to Rules Committee

  25. House Floor Amendment No. 4 Filed with Clerk by Rep. Michael K. Smith

  26. House Floor Amendment No. 3 Referred to Rules Committee

  27. House Floor Amendment No. 3 Filed with Clerk by Rep. Dan Reitz

  28. Final Action Deadline Extended-9(b) May 29, 2009

  29. House Floor Amendment No. 2 Referred to Rules Committee

  30. House Floor Amendment No. 2 Filed with Clerk by Rep. Rich Brauer

  31. Held on Calendar Order of Second Reading - Short Debate

  32. Second Reading - Short Debate

  33. Placed on Calendar 2nd Reading - Short Debate

  34. Do Pass as Amended / Short Debate Personnel and Pensions Committee; 008-000-000

  35. House Committee Amendment No. 1 Adopted in Personnel and Pensions Committee; by Voice Vote

  36. House Committee Amendment No. 1 Filed with Clerk by Personnel and Pensions Committee

  37. Assigned to Personnel and Pensions Committee

  38. Referred to Rules Committee

  39. First Reading

  40. Chief House Sponsor Rep. Paul D. Froehlich

  41. Placed on Calendar Order of First Reading

  42. Arrived in House

  43. Third Reading - Passed; 056-000-000

  44. Added as Co-Sponsor Sen. Kyle McCarter

  45. Added as Co-Sponsor Sen. Mike Jacobs

  46. Placed on Calendar Order of 3rd Reading March 4, 2009

  47. Second Reading

  48. Placed on Calendar Order of 2nd Reading February 20, 2009

  49. Do Pass Pensions and Investments; 007-000-000

  50. Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins

  51. Added as Chief Co-Sponsor Sen. Tim Bivins

  52. Assigned to Pensions and Investments

  53. Referred to Assignments

  54. First Reading

  55. Filed with Secretary by Sen. Pamela J. Althoff

Sponsors

  • Pamela J. Althoff · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Pamela J. Althoff

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 112 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 98401
Democrat 10100
Republican 4000
Total 112501
% of votes cast 95%4%0%1%
How each member voted (118)
Member Party Vote
Graham — Yea
Jackson — Yea
Jefferson — Yea
Nekritz — Yea
Lang — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Kosel — Yea
May — Yea
McAuliffe — Yea
Mell — Yea
Mendoza — Yea
Mulligan — Yea
Myers — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Osterman — Yea
Pihos — Yea
Senger — Yea
Sommer — Yea
Sullivan — Yea
Thapedi — Yea
Burke — Yea
Mitchell, Bill — Yea
Turner — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Verschoore — Yea
Gordon, Jehan — Yea
Wait — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Hannig — Yea
Harris — Yea
Zalewski — Yea
Watson — Yea
Hernandez — Yea
Howard — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Cross — Yea
Flider — Yea
Flowers — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Madigan — Yea
McCarthy — Not Voting
Tryon — Nay
Cultra — Nay
Currie — Yea
D'Amico — Yea
Jakobsson — Yea
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Nay
Saviano — Yea
Schmitz — Yea
Soto — Yea
Leitch — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Nay
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Colvin — Yea
Connelly — Yea
McAsey — Yea
Moffitt — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Nay
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 46003
Democrat 9000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Haine — Yea
Hutchinson — Yea
Kotowski — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
McCarter — Yea
Demuzio — Yea
Meeks — Yea
Jacobs — Yea
Millner — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Munoz — Yea
Jones, J. — Yea
Silverstein — Yea
Brady — Yea
Sullivan — Yea
Steans — Not Voting
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Burzynski — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Not Voting
Rutherford — Not Voting
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

finance labor education
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Frequently asked questions

What does SB 39 do?
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.
Who sponsors SB 39?
SB 39 is sponsored by Pamela J. Althoff.
What is the current status of SB 39?
This bill died with 96th 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 39?
Track SB 39 free on One Click Politics — get push/email alerts when it moves.

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