093_HB1550
LRB093 06271 EFG 06384 b
1 AN ACT in relation to public employee benefits.
2 Be it enacted by the People of the State of
3 Illinois, represented in the General Assembly:
4 Section 5. The Illinois Pension Code is amended by
5 changing Sections 7-109.3 and 7-132 as follows:
6 (40 ILCS 5/7-109.3) (from Ch. 108 1/2, par. 7-109.3)
7 Sec. 7-109.3. "Sheriff's Law Enforcement Employees".
8 (a) "Sheriff's law enforcement employee" or "SLEP"
9 means:
10 (1) A county sheriff and all deputies, other than
11 special deputies, employed on a full time basis in the
12 office of the sheriff.
13 (2) A person who has elected to participate in this
14 Fund under Section 3-109.1 of this Code, and who is
15 employed by a participating municipality to perform
16 police duties.
17 (3) A law enforcement officer employed on a full
18 time basis by a Forest Preserve District, provided that
19 such officer shall be deemed a "sheriff's law enforcement
20 employee" for the purposes of this Article, and service
21 in that capacity shall be deemed to be service as a
22 sheriff's law enforcement employee, only if the board of
23 commissioners of the District have so elected by adoption
24 of an affirmative resolution. Such election, once made,
25 may not be rescinded.
26 (4) A person not eligible to participate in a fund
27 established under Article 3 of this Code who is employed
28 on a full-time basis by a participating municipality or
29 participating instrumentality to perform police duties at
30 an airport, but only if the governing authority of the
31 employer has approved sheriff's law enforcement employee
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1 status for its airport police employees by adoption of an
2 affirmative resolution. Such approval, once given, may
3 not be rescinded.
4 (5) A person not eligible to participate in a fund
5 established under Article 3 of this Code who is employed
6 on a full-time basis by a participating city, village, or
7 incorporated town to perform police duties.
8 (b) An employee who is a sheriff's law enforcement
9 employee and is granted military leave or authorized leave of
10 absence shall receive service credit in that capacity.
11 Sheriff's law enforcement employees shall not be entitled to
12 out-of-State service credit under Section 7-139.
13 (Source: P.A. 92-16, eff. 6-28-01.)
14 (40 ILCS 5/7-132) (from Ch. 108 1/2, par. 7-132)
15 Sec. 7-132. Municipalities, instrumentalities and
16 participating instrumentalities included and effective dates.
17 (A) Municipalities and their instrumentalities.
18 (a) The following described municipalities, but not
19 including any with more than 1,000,000 inhabitants, and the
20 instrumentalities thereof, shall be included within and be
21 subject to this Article beginning upon the effective dates
22 specified by the Board:
23 (1) Except as to the municipalities and
24 instrumentalities thereof specifically excluded under
25 this Article, every county shall be subject to this
26 Article, and all cities, villages and incorporated towns
27 having a population in excess of 5,000 inhabitants as
28 determined by the last preceding decennial or subsequent
29 federal census, shall be subject to this Article
30 following publication of the census by the Bureau of the
31 Census. Within 90 days after publication of the census,
32 the Board shall notify any municipality that has become
33 subject to this Article as a result of that census, and
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1 shall provide information to the corporate authorities of
2 the municipality explaining the duties and consequences
3 of participation. The notification shall also include a
4 proposed date upon which participation by the
5 municipality will commence.
6 However, for any city, village or incorporated town
7 that attains a population over 5,000 inhabitants after
8 having provided social security coverage for its
9 employees under the Social Security Enabling Act,
10 participation under this Article shall not be mandatory
11 (except as provided in subdivision (A)(a-5) of this
12 Section) but may be elected in accordance with
13 subparagraph (3) or (4) of this paragraph (a), whichever
14 is applicable.
15 (2) School districts, other than those specifically
16 excluded under this Article, shall be subject to this
17 Article, without election, with respect to all employees
18 thereof.
19 (3) Towns and all other bodies politic and
20 corporate which are formed by vote of, or are subject to
21 control by, the electors in towns and are located in
22 towns which are not participating municipalities on the
23 effective date of this Act, may become subject to this
24 Article by election pursuant to Section 7-132.1.
25 (4) Any other municipality (together with its
26 instrumentalities), other than those specifically
27 excluded from participation and those described in
28 paragraph (3) above, may elect to be included either by
29 referendum under Section 7-134 or by the adoption of a
30 resolution or ordinance by its governing body. A copy of
31 such resolution or ordinance duly authenticated and
32 certified by the clerk of the municipality or other
33 appropriate official of its governing body shall
34 constitute the required notice to the board of such
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1 action.
2 (a-5) Notwithstanding the other provisions of this
3 Section, a city, village, or incorporated town with a
4 population of less than 1,000,000 that (i) does not otherwise
5 participate in the Fund and (ii) employs one or more
6 full-time police officers who do not participate in an
7 Article 3 police pension fund shall begin to participate in
8 this Fund with respect to those police officers no later than
9 6 months after the effective date of this amendatory Act of
10 the 93rd General Assembly. A city, village, or incorporated
11 town required to participate in the Fund with respect to its
12 full-time police officers under this subdivision (a-5) need
13 not participate in the Fund with respect to its other
14 officers and employees. Participation in this Fund by a
15 city, village, or incorporated town with a population of less
16 than 1,000,000 with respect to its full-time police officers
17 who do not participate in an Article 3 police pension fund is
18 a matter of exclusive State power; this subdivision (a-5) is
19 a denial and limitation of home rule power under subsection
20 (h) of Section 6 of Article VII of the Illinois Constitution.
21 (b) A municipality that is about to begin participation
22 shall submit to the Board an application to participate, in a
23 form acceptable to the Board, not later than 90 days prior to
24 the proposed effective date of participation. The Board
25 shall act upon the application within 90 days, and if it
26 finds that the application is in conformity with its
27 requirements and the requirements of this Article,
28 participation by the applicant shall commence on a date
29 acceptable to the municipality and specified by the Board,
30 but in no event more than one year from the date of
31 application.
32 (c) A participating municipality which succeeds to the
33 functions of a participating municipality which is dissolved
34 or terminates its existence shall assume and be transferred
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1 the net accumulation balance in the municipality reserve and
2 the municipality account receivable balance of the terminated
3 municipality.
4 (d) In the case of a Veterans Assistance Commission
5 whose employees were being treated by the Fund on January 1,
6 1990 as employees of the county served by the Commission, the
7 Fund may continue to treat the employees of the Veterans
8 Assistance Commission as county employees for the purposes of
9 this Article, unless the Commission becomes a participating
10 instrumentality in accordance with subsection (B) of this
11 Section.
12 (B) Participating instrumentalities.
13 (a) The participating instrumentalities designated in
14 paragraph (b) of this subsection shall be included within and
15 be subject to this Article if:
16 (1) an application to participate, in a form
17 acceptable to the Board and adopted by a two-thirds vote
18 of the governing body, is presented to the Board not
19 later than 90 days prior to the proposed effective date;
20 and
21 (2) the Board finds that the application is in
22 conformity with its requirements, that the applicant has
23 reasonable expectation to continue as a political entity
24 for a period of at least 10 years and has the prospective
25 financial capacity to meet its current and future
26 obligations to the Fund, and that the actuarial soundness
27 of the Fund may be reasonably expected to be unimpaired
28 by approval of participation by the applicant.
29 The Board shall notify the applicant of its findings
30 within 90 days after receiving the application, and if the
31 Board approves the application, participation by the
32 applicant shall commence on the effective date specified by
33 the Board.
34 (b) The following participating instrumentalities, so
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1 long as they meet the requirements of Section 7-108 and the
2 area served by them or within their jurisdiction is not
3 located entirely within a municipality having more than one
4 million inhabitants, may be included hereunder:
5 i. Township School District Trustees.
6 ii. Multiple County and Consolidated Health
7 Departments created under Division 5-25 of the Counties
8 Code or its predecessor law.
9 iii. Public Building Commissions created under the
10 Public Building Commission Act, and located in counties
11 of less than 1,000,000 inhabitants.
12 iv. A multitype, consolidated or cooperative
13 library system created under the Illinois Library System
14 Act. Any library system created under the Illinois
15 Library System Act that has one or more predecessors that
16 participated in the Fund may participate in the Fund upon
17 application. The Board shall establish procedures for
18 implementing the transfer of rights and obligations from
19 the predecessor system to the successor system.
20 v. Regional Planning Commissions created under
21 Division 5-14 of the Counties Code or its predecessor
22 law.
23 vi. Local Public Housing Authorities created under
24 the Housing Authorities Act, located in counties of less
25 than 1,000,000 inhabitants.
26 vii. Illinois Municipal League.
27 viii. Northeastern Illinois Metropolitan Area
28 Planning Commission.
29 ix. Southwestern Illinois Metropolitan Area
30 Planning Commission.
31 x. Illinois Association of Park Districts.
32 xi. Illinois Supervisors, County Commissioners and
33 Superintendents of Highways Association.
34 xii. Tri-City Regional Port District.
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1 xiii. An association, or not-for-profit
2 corporation, membership in which is authorized under
3 Section 85-15 of the Township Code.
4 xiv. Drainage Districts operating under the
5 Illinois Drainage Code.
6 xv. Local mass transit districts created under the
7 Local Mass Transit District Act.
8 xvi. Soil and water conservation districts created
9 under the Soil and Water Conservation Districts Law.
10 xvii. Commissions created to provide water supply
11 or sewer services or both under Division 135 or Division
12 136 of Article 11 of the Illinois Municipal Code.
13 xviii. Public water districts created under the
14 Public Water District Act.
15 xix. Veterans Assistance Commissions established
16 under Section 9 of the Military Veterans Assistance Act
17 that serve counties with a population of less than
18 1,000,000.
19 xx. The governing body of an entity, other than a
20 vocational education cooperative, created under an
21 intergovernmental cooperative agreement established
22 between participating municipalities under the
23 Intergovernmental Cooperation Act, which by the terms of
24 the agreement is the employer of the persons performing
25 services under the agreement under the usual common law
26 rules determining the employer-employee relationship. The
27 governing body of such an intergovernmental cooperative
28 entity established prior to July 1, 1988 may make
29 participation retroactive to the effective date of the
30 agreement and, if so, the effective date of participation
31 shall be the date the required application is filed with
32 the fund. If any such entity is unable to pay the
33 required employer contributions to the fund, then the
34 participating municipalities shall make payment of the
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1 required contributions and the payments shall be
2 allocated as provided in the agreement or, if not so
3 provided, equally among them.
4 xxi. The Illinois Municipal Electric Agency.
5 xxii. The Waukegan Port District.
6 xxiii. The Fox Waterway Agency created under the
7 Fox Waterway Agency Act.
8 xxiv. The Illinois Municipal Gas Agency.
9 xxv. The Kaskaskia Regional Port District.
10 xxvi. The Southwestern Illinois Development
11 Authority.
12 (c) The governing boards of special education joint
13 agreements created under Section 10-22.31 of the School Code
14 without designation of an administrative district shall be
15 included within and be subject to this Article as
16 participating instrumentalities when the joint agreement
17 becomes effective. However, the governing board of any such
18 special education joint agreement in effect before September
19 5, 1975 shall not be subject to this Article unless the joint
20 agreement is modified by the school districts to provide that
21 the governing board is subject to this Article, except as
22 otherwise provided by this Section.
23 The governing board of the Special Education District of
24 Lake County shall become subject to this Article as a
25 participating instrumentality on July 1, 1997.
26 Notwithstanding subdivision (a)1 of Section 7-139, on the
27 effective date of participation, employees of the governing
28 board of the Special Education District of Lake County shall
29 receive creditable service for their prior service with that
30 employer, up to a maximum of 5 years, without any employee
31 contribution. Employees may establish creditable service for
32 the remainder of their prior service with that employer, if
33 any, by applying in writing and paying an employee
34 contribution in an amount determined by the Fund, based on
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1 the employee contribution rates in effect at the time of
2 application for the creditable service and the employee's
3 salary rate on the effective date of participation for that
4 employer, plus interest at the effective rate from the date
5 of the prior service to the date of payment. Application for
6 this creditable service must be made before July 1, 1998; the
7 payment may be made at any time while the employee is still
8 in service. The employer may elect to make the required
9 contribution on behalf of the employee.
10 The governing board of a special education joint
11 agreement created under Section 10-22.31 of the School Code
12 for which an administrative district has been designated, if
13 there are employees of the cooperative educational entity who
14 are not employees of the administrative district, may elect
15 to participate in the Fund and be included within this
16 Article as a participating instrumentality, subject to such
17 application procedures and rules as the Board may prescribe.
18 The Boards of Control of cooperative or joint educational
19 programs or projects created and administered under Section
20 3-15.14 of the School Code, whether or not the Boards act as
21 their own administrative district, shall be included within
22 and be subject to this Article as participating
23 instrumentalities when the agreement establishing the
24 cooperative or joint educational program or project becomes
25 effective.
26 The governing board of a special education joint
27 agreement entered into after June 30, 1984 and prior to
28 September 17, 1985 which provides for representation on the
29 governing board by less than all the participating districts
30 shall be included within and subject to this Article as a
31 participating instrumentality. Such participation shall be
32 effective as of the date the joint agreement becomes
33 effective.
34 The governing boards of educational service centers
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1 established under Section 2-3.62 of the School Code shall be
2 included within and subject to this Article as participating
3 instrumentalities. The governing boards of vocational
4 education cooperative agreements created under the
5 Intergovernmental Cooperation Act and approved by the State
6 Board of Education shall be included within and be subject to
7 this Article as participating instrumentalities. If any such
8 governing boards or boards of control are unable to pay the
9 required employer contributions to the fund, then the school
10 districts served by such boards shall make payment of
11 required contributions as provided in Section 7-172. The
12 payments shall be allocated among the several school
13 districts in proportion to the number of students in average
14 daily attendance for the last full school year for each
15 district in relation to the total number of students in
16 average attendance for such period for all districts served.
17 If such educational service centers, vocational education
18 cooperatives or cooperative or joint educational programs or
19 projects created and administered under Section 3-15.14 of
20 the School Code are dissolved, the assets and obligations
21 shall be distributed among the districts in the same
22 proportions unless otherwise provided.
23 (d) The governing boards of special recreation joint
24 agreements created under Section 8-10b of the Park District
25 Code, operating without designation of an administrative
26 district or an administrative municipality appointed to
27 administer the program operating under the authority of such
28 joint agreement shall be included within and be subject to
29 this Article as participating instrumentalities when the
30 joint agreement becomes effective. However, the governing
31 board of any such special recreation joint agreement in
32 effect before January 1, 1980 shall not be subject to this
33 Article unless the joint agreement is modified, by the
34 districts and municipalities which are parties to the
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1 agreement, to provide that the governing board is subject to
2 this Article.
3 If the Board returns any employer and employee
4 contributions to any employer which erroneously submitted
5 such contributions on behalf of a special recreation joint
6 agreement, the Board shall include interest computed from the
7 end of each year to the date of payment, not compounded, at
8 the rate of 7% per annum.
9 (e) Each multi-township assessment district, the board
10 of trustees of which has adopted this Article by ordinance
11 prior to April 1, 1982, shall be a participating
12 instrumentality included within and subject to this Article
13 effective December 1, 1981. The contributions required under
14 Section 7-172 shall be included in the budget prepared under
15 and allocated in accordance with Section 2-30 of the Property
16 Tax Code.
17 (f) Beginning January 1, 1992, each prospective
18 participating municipality or participating instrumentality
19 shall pay to the Fund the cost, as determined by the Board,
20 of a study prepared by the Fund or its actuary, detailing the
21 prospective costs of participation in the Fund to be expected
22 by the municipality or instrumentality.
23 (Source: P.A. 92-424, eff. 8-17-01.)
24 Section 90. The State Mandates Act is amended by adding
25 Section 8.27 as follows:
26 (30 ILCS 805/8.27 new)
27 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
28 and 8 of this Act, no reimbursement by the State is required
29 for the implementation of any mandate created by this
30 amendatory Act of the 93rd General Assembly.
31 Section 99. Effective date. This Act takes effect upon
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1 becoming law.