Common use of Limitation on TRS Nonexempt Creditable Compensation Clause in Contracts

Limitation on TRS Nonexempt Creditable Compensation. 14.1 When a Teacher has at least thirty (30) years of TRS creditable service and is five (5) or less years from retirement eligibility under Section 13-132 of the Illinois Pension Code, the Teacher’s nonexempt creditable TRS earnings from employment in the School District, irrespective of form and no matter how arising, and whether or not arising under this collective bargaining agreement, shall not exceed the amounts specified hereinafter. No Teacher’s nonexempt creditable TRS earnings from employment in this School District shall increase from one school year to the next by more than six percent (6%) or be otherwise increased so as to create liability on the party of the Board or District for any portion of a Teacher’s retirement annuity, or result in any District or Board-paid penalty or fee to TRS. 14.2 In the event of any legal action against the Association brought in a court or administrative agency because of this Article, the Employer agrees to defend such action, at its own expense and through its own counsel provided: (a) The Association gives immediate notice of such action in writing to the Employer and permits the Employer intervention as a party if it so desires, and (b) The Association gives full and complete cooperation to the Employer and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Employer agrees that in any action so defended, it will indemnify and hold harmless the Association from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of this Article.

Limitation on TRS Nonexempt Creditable Compensation. 14.1 When a Teacher has at least thirty (30) years of TRS creditable service and is five (5) or less years from retirement eligibility under Section 13-132 of the Illinois Pension Code, the Teacher’s nonexempt creditable TRS earnings from employment in the School District, irrespective of form and no matter how arising, and whether or not arising under this collective bargaining agreement, shall not exceed the amounts specified hereinafter. No Teacher’s nonexempt creditable TRS earnings from employment in this School District shall increase from one school year to the next by more than six percent (6%) or be otherwise increased so as to create liability on the party of the Board or District for any portion of a Teacher’s retirement annuity, annuity or result in any District or Board-paid penalty or fee to TRS. 14.2 In the event of any legal action against the Association brought in a court or administrative agency because of this Article, the Employer agrees to defend such action, at its own expense and through its own counsel provided: (a) The Association gives immediate notice of such action in writing to the Employer and permits the Employer intervention as a party if it so desires, and (b) The Association gives full and complete cooperation to the Employer and its counsel in securing and giving evidence, obtaining witnesses and making relevant information available at both trial and all appellate levels. The Employer agrees that in any action so defended, it will indemnify and hold harmless the Association from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of this Article.