Sen. William R. Haine

Filed: 2/28/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1310 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Pension Code is amended by
5changing Section 7-137 as follows:
6    (40 ILCS 5/7-137)  (from Ch. 108 1/2, par. 7-137)
7    Sec. 7-137. Participating and covered employees.
8    (a) The persons described in this paragraph (a) shall be
9included within and be subject to this Article and eligible to
10benefits from this fund, beginning upon the dates hereinafter
12        1. Except as to the employees specifically excluded
13    under the provisions of this Article, all persons who are
14    employees of any municipality (or instrumentality thereof)
15    or participating instrumentality on the effective date of
16    participation of the municipality or participating



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1    instrumentality beginning upon such effective date.
2        2. Except as to the employees specifically excluded
3    under the provisions of this Article, all persons, who
4    became employees of any participating municipality (or
5    instrumentality thereof) or participating instrumentality
6    after the effective date of participation of such
7    municipality or participating instrumentality, beginning
8    upon the date such person becomes an employee.
9        3. All persons who file notice with the board as
10    provided in paragraph (b) 2 and 3 of this Section,
11    beginning upon the date of filing such notice.
12    (b) The following described persons shall not be considered
13participating employees eligible for benefits from this fund,
14but shall be included within and be subject to this Article
15(each of the descriptions is not exclusive but is cumulative):
16        1. Any person who occupies an office or is employed in
17    a position normally requiring performance of duty during
18    less than 600 hours a year for a municipality (including
19    all instrumentalities thereof) or a participating
20    instrumentality. If a school treasurer performs services
21    for more than one school district, the total number of
22    hours of service normally required for the several school
23    districts shall be considered to determine whether he
24    qualifies under this paragraph;
25        2. Except as provided in items 2.5 and 2.6, any person
26    who holds elective office unless he has elected while in



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1    that office in a written notice on file with the board to
2    become a participating employee;
3        2.5. Except as provided in item 2.6, any person who
4    holds elective office as a member of a county board,
5    unless:
6            (i) the person was first elected as a member of a
7        county board before the effective date of this
8        amendatory Act of the 99th General Assembly;
9            (ii) the person has elected while in that office,
10        in a written notice on file with the board, to become a
11        participating employee;
12            (iii) the county board has filed the resolution
13        required by subsection (a) of Section 7-137.2 of this
14        Article; and
15            (iv) the person has submitted the required time
16        sheets evidencing that the person has met the hourly
17        standard as required by subsection (b) of Section
18        7-137.2 of this Article;
19        2.6. Any person who is an elected member of a county
20    board and is first so elected on or after the effective
21    date of this amendatory Act of the 99th General Assembly;
22        3. Any person working for a city hospital unless any
23    such person, while in active employment, has elected in a
24    written notice on file with the board to become a
25    participating employee and notification thereof is
26    received by the board;



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1        4. Any person who becomes an employee after June 30,
2    1979 as a public service employment program participant
3    under the federal Comprehensive Employment and Training
4    Act and whose wages or fringe benefits are paid in whole or
5    in part by funds provided under such Act;
6        5. Any person who is actively employed by a
7    municipality on its effective date of participation in the
8    Fund if that municipality (i) has at least 35 employees on
9    its effective date of participation; (ii) is located in a
10    county with at least 2,000,000 inhabitants; and (iii)
11    maintains an independent defined benefit pension plan for
12    the benefit of its eligible employees, unless the person
13    files with the board within 90 days after the
14    municipality's effective date of participation an
15    irrevocable election to participate.
16        6. Any person who is 57 years of age or more when he or
17    she first enters employment for which creditable service
18    may be granted and who has made the election specified
19    under subsection (b-5) or (b-10).
20    (b-5) Beginning 90 days after the effective date of this
21amendatory Act of the 100th General Assembly and until 150 days
22after the effective date of this amendatory Act of the 100th
23General Assembly, any current employee to whom Section 1-160
24applies and who first became an employee after attaining the
25age of 57 may make a one-time, irrevocable election to
26terminate participation in the program of retirement benefits



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1under this Article. In lieu of any separation benefit, an
2employee who elects to terminate participation shall receive a
3refund of his or her employee contributions, plus interest at
4the effective rate from the date of the service to the date of
5payment. No election under this subsection (b-5) shall take
6place after 150 days after the effective date of this
7amendatory Act of the 100th General Assembly.
8    (b-10) The option not to participate in the program of
9retirement benefits under this Article shall be offered to
10every person who (i) first enters employment for which
11creditable service may be granted on or after the effective
12date of this amendatory Act of the 100th General Assembly, (ii)
13is 57 years of age or more when he or she first enters that
14employment, and (iii) would be subject to Section 1-160. The
15irrevocable election not to participate must be made prior to
16making any employee contribution and prior to any employer
17contributions being made on that person's behalf.
18    (c) Any person electing to be a participating employee,
19pursuant to paragraph (b) of this Section may not change such
20election, except as provided in Section 7-137.1.
21    (d) Any employee who occupied the position of school nurse
22in any participating municipality on August 8, 1961 and
23continuously thereafter until the effective date of the
24exercise of the option authorized by this subparagraph, who on
25August 7, 1961 was a member of the Teachers' Retirement System
26of Illinois, by virtue of certification by the Department of



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1Registration and Education as a public health nurse, may elect
2to terminate participation in this Fund in order to
3re-establish membership in such System. The election may be
4exercised by filing written notice thereof with the Board or
5with the Board of Trustees of said Teachers' Retirement System,
6not later than September 30, 1963, and shall be effective on
7the first day of the calendar month next following the month in
8which the notice was filed. If the written notice is filed with
9such Teachers' Retirement System, that System shall
10immediately notify this Fund, but neither failure nor delay in
11notification shall affect the validity of the employee's
12election. If the option is exercised, the Fund shall notify
13such Teachers' Retirement System of such fact and transfer to
14that system the amounts contributed by the employee to this
15Fund, including interest at 3% per annum, but excluding
16contributions applicable to social security coverage during
17the period beginning August 8, 1961 to the effective date of
18the employee's election. Participation in this Fund as to any
19credits on or after August 8, 1961 and up to the effective date
20of the employee's election shall terminate on such effective
22    (e) Any participating municipality or participating
23instrumentality, other than a school district or special
24education joint agreement created under Section 10-22.31 of the
25School Code, may, by a resolution or ordinance duly adopted by
26its governing body, elect to exclude from participation and



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1eligibility for benefits all persons who are employed after the
2effective date of such resolution or ordinance and who occupy
3an office or are employed in a position normally requiring
4performance of duty for less than 1000 hours per year for the
5participating municipality (including all instrumentalities
6thereof) or participating instrumentality except for persons
7employed in a position normally requiring performance of duty
8for 600 hours or more per year (i) by such participating
9municipality or participating instrumentality prior to the
10effective date of the resolution or ordinance and (ii) by a
11participating municipality or participating instrumentality,
12which had not adopted such a resolution when the person was
13employed, and the function served by the employee's position is
14assumed by another participating municipality or participating
15instrumentality. Notwithstanding the foregoing, a
16participating municipality or participating instrumentality
17which is formed solely to succeed to the functions of a
18participating municipality or participating instrumentality
19shall be considered to have adopted any such resolution or
20ordinance which may have been applicable to the employees
21performing such functions. The election made by the resolution
22or ordinance shall take effect at the time specified in the
23resolution or ordinance, and once effective shall be
25(Source: P.A. 99-900, eff. 8-26-16.)



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1    Section 90. The State Mandates Act is amended by adding
2Section 8.41 as follows:
3    (30 ILCS 805/8.41 new)
4    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 100th General Assembly.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".