Public Act 098-0712
 
HB3902 EnrolledLRB098 15461 RPS 50491 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
Section 7-109 as follows:
 
    (40 ILCS 5/7-109)  (from Ch. 108 1/2, par. 7-109)
    (Text of Section before amendment by P.A. 98-599)
    Sec. 7-109. Employee.
    (1) "Employee" means any person who:
        (a) 1. Receives earnings as payment for the performance
        of personal services or official duties out of the
        general fund of a municipality, or out of any special
        fund or funds controlled by a municipality, or by an
        instrumentality thereof, or a participating
        instrumentality, including, in counties, the fees or
        earnings of any county fee office; and
            2. Under the usual common law rules applicable in
        determining the employer-employee relationship, has
        the status of an employee with a municipality, or any
        instrumentality thereof, or a participating
        instrumentality, including aldermen, county
        supervisors and other persons (excepting those
        employed as independent contractors) who are paid
        compensation, fees, allowances or other emolument for
        official duties, and, in counties, the several county
        fee offices.
        (b) Serves as a township treasurer appointed under the
    School Code, as heretofore or hereafter amended, and who
    receives for such services regular compensation as
    distinguished from per diem compensation, and any regular
    employee in the office of any township treasurer whether or
    not his earnings are paid from the income of the permanent
    township fund or from funds subject to distribution to the
    several school districts and parts of school districts as
    provided in the School Code, or from both such sources; or
    is the chief executive officer, chief educational officer,
    chief fiscal officer, or other employee of a Financial
    Oversight Panel established pursuant to Article 1H of the
    School Code, other than a superintendent or certified
    school business official, except that such person shall not
    be treated as an employee under this Section if that person
    has negotiated with the Financial Oversight Panel, in
    conjunction with the school district, a contractual
    agreement for exclusion from this Section.
        (c) Holds an elective office in a municipality,
    instrumentality thereof or participating instrumentality.
    (2) "Employee" does not include persons who:
        (a) Are eligible for inclusion under any of the
    following laws:
            1. "An Act in relation to an Illinois State
        Teachers' Pension and Retirement Fund", approved May
        27, 1915, as amended;
            2. Articles 15 and 16 of this Code.
        However, such persons shall be included as employees to
    the extent of earnings that are not eligible for inclusion
    under the foregoing laws for services not of an
    instructional nature of any kind.
        However, any member of the armed forces who is employed
    as a teacher of subjects in the Reserve Officers Training
    Corps of any school and who is not certified under the law
    governing the certification of teachers shall be included
    as an employee.
        (b) Are designated by the governing body of a
    municipality in which a pension fund is required by law to
    be established for policemen or firemen, respectively, as
    performing police or fire protection duties, except that
    when such persons are the heads of the police or fire
    department and are not eligible to be included within any
    such pension fund, they shall be included within this
    Article; provided, that such persons shall not be excluded
    to the extent of concurrent service and earnings not
    designated as being for police or fire protection duties.
    However, (i) any head of a police department who was a
    participant under this Article immediately before October
    1, 1977 and did not elect, under Section 3-109 of this Act,
    to participate in a police pension fund shall be an
    "employee", and (ii) any chief of police who elects to
    participate in this Fund under Section 3-109.1 of this
    Code, regardless of whether such person continues to be
    employed as chief of police or is employed in some other
    rank or capacity within the police department, shall be an
    employee under this Article for so long as such person is
    employed to perform police duties by a participating
    municipality and has not lawfully rescinded that election.
        (c) Are After August 26, 2011 (the effective date of
    Public Act 97-609), are contributors to or eligible to
    contribute to a Taft-Hartley pension plan established on or
    before June 1, 2011 and are employees of a theatre, arena,
    or convention center that is located in a municipality
    located in a county with a population greater than
    5,000,000, and to which the participating municipality is
    required to contribute as the person's employer based on
    earnings from the municipality. Nothing in this paragraph
    shall affect service credit or creditable service for any
    period of service prior to the effective date of this
    amendatory Act of the 98th General Assembly August 26,
    2011, and this paragraph shall not apply to individuals who
    are participating in the Fund prior to the effective date
    of this amendatory Act of the 98th General Assembly August
    26, 2011.
    (3) All persons, including, without limitation, public
defenders and probation officers, who receive earnings from
general or special funds of a county for performance of
personal services or official duties within the territorial
limits of the county, are employees of the county (unless
excluded by subsection (2) of this Section) notwithstanding
that they may be appointed by and are subject to the direction
of a person or persons other than a county board or a county
officer. It is hereby established that an employer-employee
relationship under the usual common law rules exists between
such employees and the county paying their salaries by reason
of the fact that the county boards fix their rates of
compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and this
amendatory Act shall apply to all such employees from the date
of appointment whether such date is prior to or after the
effective date of this amendatory Act and is intended to
clarify existing law pertaining to their status as
participating employees in the Fund.
(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11;
97-813, eff. 7-13-12.)
 
    (Text of Section after amendment by P.A. 98-599)
    Sec. 7-109. Employee.
    (1) "Employee" means any person who:
        (a) 1. Receives earnings as payment for the performance
        of personal services or official duties out of the
        general fund of a municipality, or out of any special
        fund or funds controlled by a municipality, or by an
        instrumentality thereof, or a participating
        instrumentality, including, in counties, the fees or
        earnings of any county fee office; and
            2. Under the usual common law rules applicable in
        determining the employer-employee relationship, has
        the status of an employee with a municipality, or any
        instrumentality thereof, or a participating
        instrumentality, including aldermen, county
        supervisors and other persons (excepting those
        employed as independent contractors) who are paid
        compensation, fees, allowances or other emolument for
        official duties, and, in counties, the several county
        fee offices.
        (b) Serves as a township treasurer appointed under the
    School Code, as heretofore or hereafter amended, and who
    receives for such services regular compensation as
    distinguished from per diem compensation, and any regular
    employee in the office of any township treasurer whether or
    not his earnings are paid from the income of the permanent
    township fund or from funds subject to distribution to the
    several school districts and parts of school districts as
    provided in the School Code, or from both such sources; or
    is the chief executive officer, chief educational officer,
    chief fiscal officer, or other employee of a Financial
    Oversight Panel established pursuant to Article 1H of the
    School Code, other than a superintendent or certified
    school business official, except that such person shall not
    be treated as an employee under this Section if that person
    has negotiated with the Financial Oversight Panel, in
    conjunction with the school district, a contractual
    agreement for exclusion from this Section.
        (c) Holds an elective office in a municipality,
    instrumentality thereof or participating instrumentality.
    (2) "Employee" does not include persons who:
        (a) Are eligible for inclusion under any of the
    following laws:
            1. "An Act in relation to an Illinois State
        Teachers' Pension and Retirement Fund", approved May
        27, 1915, as amended;
            2. Articles 15 and 16 of this Code.
        However, such persons shall be included as employees to
    the extent of earnings that are not eligible for inclusion
    under the foregoing laws for services not of an
    instructional nature of any kind.
        However, any member of the armed forces who is employed
    as a teacher of subjects in the Reserve Officers Training
    Corps of any school and who is not certified under the law
    governing the certification of teachers shall be included
    as an employee.
        (b) Are designated by the governing body of a
    municipality in which a pension fund is required by law to
    be established for policemen or firemen, respectively, as
    performing police or fire protection duties, except that
    when such persons are the heads of the police or fire
    department and are not eligible to be included within any
    such pension fund, they shall be included within this
    Article; provided, that such persons shall not be excluded
    to the extent of concurrent service and earnings not
    designated as being for police or fire protection duties.
    However, (i) any head of a police department who was a
    participant under this Article immediately before October
    1, 1977 and did not elect, under Section 3-109 of this Act,
    to participate in a police pension fund shall be an
    "employee", and (ii) any chief of police who elects to
    participate in this Fund under Section 3-109.1 of this
    Code, regardless of whether such person continues to be
    employed as chief of police or is employed in some other
    rank or capacity within the police department, shall be an
    employee under this Article for so long as such person is
    employed to perform police duties by a participating
    municipality and has not lawfully rescinded that election.
        (c) Are After August 26, 2011 (the effective date of
    Public Act 97-609), are contributors to or eligible to
    contribute to a Taft-Hartley pension plan established on or
    before June 1, 2011 and are employees of a theatre, arena,
    or convention center that is located in a municipality
    located in a county with a population greater than
    5,000,000, and to which the participating municipality is
    required to contribute as the person's employer based on
    earnings from the municipality. Nothing in this paragraph
    shall affect service credit or creditable service for any
    period of service prior to the effective date of this
    amendatory Act of the 98th General Assembly August 26,
    2011, and this paragraph shall not apply to individuals who
    are participating in the Fund prior to the effective date
    of this amendatory Act of the 98th General Assembly August
    26, 2011.
        (d) Become an employee of any of the following
    participating instrumentalities on or after the effective
    date of this amendatory Act of the 98th General Assembly:
    the Illinois Municipal League; the Illinois Association of
    Park Districts; the Illinois Supervisors, County
    Commissioners and Superintendents of Highways Association;
    an association, or not-for-profit corporation, membership
    in which is authorized under Section 85-15 of the Township
    Code; the United Counties Council; or the Will County
    Governmental League.
    (3) All persons, including, without limitation, public
defenders and probation officers, who receive earnings from
general or special funds of a county for performance of
personal services or official duties within the territorial
limits of the county, are employees of the county (unless
excluded by subsection (2) of this Section) notwithstanding
that they may be appointed by and are subject to the direction
of a person or persons other than a county board or a county
officer. It is hereby established that an employer-employee
relationship under the usual common law rules exists between
such employees and the county paying their salaries by reason
of the fact that the county boards fix their rates of
compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and this
amendatory Act shall apply to all such employees from the date
of appointment whether such date is prior to or after the
effective date of this amendatory Act and is intended to
clarify existing law pertaining to their status as
participating employees in the Fund.
(Source: P.A. 97-429, eff. 8-16-11; 97-609, eff. 8-26-11;
97-813, eff. 7-13-12; 98-599, eff. 6-1-14.)
 
    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.

Effective Date: 7/16/2014