Full Text of SB2701 99th General Assembly
SB2701eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning public employee benefits.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Pension Code is amended by changing | 5 | | Section 7-137 and by adding Section 7-137.2 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 | 9 | | included within
and be subject to this Article and eligible to | 10 | | benefits from this fund,
beginning upon the dates hereinafter | 11 | | specified:
| 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 | 17 | | instrumentality beginning upon such
effective date.
| 18 | | 2. Except as to the employees specifically excluded | 19 | | under the
provisions of this Article, all persons, who | 20 | | became employees of any
participating municipality (or | 21 | | instrumentality thereof) or participating
instrumentality | 22 | | after the effective date of participation of such
| 23 | | municipality or participating instrumentality, beginning |
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| 1 | | upon the date
such person becomes an employee.
| 2 | | 3. All persons who file notice with the board as | 3 | | provided in
paragraph (b) 2 and 3 of this Section, | 4 | | beginning upon the date of filing
such notice.
| 5 | | (b) The following described persons shall not be considered
| 6 | | participating employees eligible for benefits from this fund, | 7 | | but shall
be included within and be subject to this Article | 8 | | (each of the
descriptions is not exclusive but is cumulative):
| 9 | | 1. Any person who occupies an office or is employed in | 10 | | a position
normally requiring performance of duty during | 11 | | less than 600 hours a year
for a municipality (including | 12 | | all instrumentalities thereof) or a
participating | 13 | | instrumentality. If a school treasurer performs services
| 14 | | for more than one school district, the total number of | 15 | | hours of service
normally required for the several school | 16 | | districts shall be considered
to determine whether he | 17 | | qualifies under this paragraph;
| 18 | | 2. Except as provided in item 2.5, any Any person who | 19 | | holds elective office unless he has elected while
in that | 20 | | office in a written notice on file with the board to become | 21 | | a
participating employee;
| 22 | | 2.5. Any person who holds elective office as a member | 23 | | of the governing body of a participating municipality, | 24 | | unless: | 25 | | (i) the person has elected while in that office, in | 26 | | a written notice on file with the board, to become a |
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| 1 | | participating employee; | 2 | | (ii) the governing body has filed the resolution | 3 | | required by subsection (a) of Section 7-137.2 of this | 4 | | Article; and | 5 | | (iii) the person has submitted to the authorized | 6 | | agent the required logs evidencing that the person has | 7 | | met the hourly standard as required by subsection (b) | 8 | | of Section 7-137.2 of this Article;
| 9 | | 3. Any person working for a city hospital unless any | 10 | | such person,
while in active employment, has elected in a | 11 | | written notice on file with
the board to become a | 12 | | participating employee and notification thereof is
| 13 | | received by the board;
| 14 | | 4. Any person who becomes an employee after June 30, | 15 | | 1979 as a public
service employment program participant | 16 | | under the federal Comprehensive
Employment and Training | 17 | | Act and whose wages or fringe benefits are paid in
whole or | 18 | | in part by funds provided under such Act;
| 19 | | 5. Any person who is actively employed by a | 20 | | municipality on its effective date of participation in the | 21 | | Fund if that municipality (i) has at least 35 employees on | 22 | | its effective date of participation; (ii) is located in a | 23 | | county with at least 2,000,000 inhabitants; and (iii) | 24 | | maintains an independent defined benefit pension plan for | 25 | | the benefit of its eligible employees, unless the person | 26 | | files with the board within 90 days after the |
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| 1 | | municipality's effective date of participation an | 2 | | irrevocable election to participate.
| 3 | | (c) Any person electing to be a participating employee, | 4 | | pursuant to
paragraph (b) of this Section may not change such | 5 | | election,
except as provided in Section 7-137.1.
| 6 | | (d) Any employee who occupied the position of school nurse | 7 | | in any
participating municipality on August 8, 1961 and | 8 | | continuously thereafter
until the effective date of the | 9 | | exercise of the option authorized by
this subparagraph, who on | 10 | | August 7, 1961 was a member of the Teachers'
Retirement System | 11 | | of Illinois, by virtue of certification by the
Department of | 12 | | Registration and Education as a public health nurse, may
elect | 13 | | to terminate participation in this Fund in order to | 14 | | re-establish
membership in such System. The election may be | 15 | | exercised by filing
written notice thereof with the Board or | 16 | | with the Board of Trustees of
said Teachers' Retirement System, | 17 | | not later than September 30, 1963, and
shall be effective on | 18 | | the first day of the calendar month next following
the month in | 19 | | which the notice was filed. If the written notice is filed
with | 20 | | such Teachers' Retirement System, that System shall | 21 | | immediately
notify this Fund, but neither failure nor delay in | 22 | | notification shall
affect the validity of the employee's | 23 | | election. If the option is
exercised, the Fund shall notify | 24 | | such Teachers' Retirement System of
such fact and transfer to | 25 | | that system the amounts contributed by the
employee to this | 26 | | Fund, including interest at 3% per annum, but excluding
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| 1 | | contributions applicable to social security coverage during | 2 | | the period
beginning August 8, 1961 to the effective date of | 3 | | the employee's
election. Participation in this Fund as to any | 4 | | credits on or after
August 8, 1961 and up to the effective date | 5 | | of the employee's election
shall terminate on such effective | 6 | | date.
| 7 | | (e) Any participating municipality or participating | 8 | | instrumentality,
other than a school district or special | 9 | | education joint agreement created
under Section 10-22.31 of the | 10 | | School Code, may, by a resolution or
ordinance duly adopted by | 11 | | its governing body, elect to exclude from
participation and | 12 | | eligibility for benefits all persons who are employed
after the | 13 | | effective date of such resolution or ordinance and who occupy | 14 | | an
office or are employed in a position normally requiring | 15 | | performance of duty
for less than 1000 hours per year for the | 16 | | participating municipality
(including all instrumentalities | 17 | | thereof) or participating instrumentality
except for persons | 18 | | employed in a position normally requiring performance of
duty | 19 | | for 600 hours or more per year (i) by such participating | 20 | | municipality
or participating instrumentality prior to the | 21 | | effective date of the
resolution or ordinance and (ii) by a
| 22 | | participating municipality or participating instrumentality, | 23 | | which had not
adopted such a resolution when the person was | 24 | | employed, and the function
served by the employee's position is | 25 | | assumed by another participating
municipality or participating | 26 | | instrumentality. Notwithstanding
the foregoing, a |
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| 1 | | participating municipality or participating
instrumentality | 2 | | which is formed solely to succeed to the functions of a
| 3 | | participating municipality or participating instrumentality | 4 | | shall be
considered to have adopted any such resolution or | 5 | | ordinance which may have
been applicable to the employees | 6 | | performing such functions. The election
made by the resolution | 7 | | or ordinance shall take effect at the time specified
in the | 8 | | resolution or ordinance, and once effective shall be | 9 | | irrevocable.
| 10 | | (Source: P.A. 96-1140, eff. 7-21-10; 97-328, eff. 8-12-11; | 11 | | 97-609, eff. 1-1-12.)
| 12 | | (40 ILCS 5/7-137.2 new) | 13 | | Sec. 7-137.2. Participation by elected members of | 14 | | municipal governing bodies. | 15 | | (a) An elected member of the governing body of a | 16 | | participating municipality is not eligible to participate in | 17 | | the Fund with respect to that position unless the governing | 18 | | body of the municipality has adopted a resolution, after public | 19 | | debate and in a form acceptable to the Fund, certifying that | 20 | | persons in the position of elected member of the governing body | 21 | | are expected to work at least 600 hours annually (or 1000 hours | 22 | | annually in a participating municipality that has adopted a | 23 | | resolution pursuant to subsection (e) of Section 7-137 of this | 24 | | Code). The resolution must be adopted and filed with the Fund | 25 | | no more than 90 days after each general election in which a |
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| 1 | | member of the governing body is elected. | 2 | | (b) An elected member of the governing body of a | 3 | | participating municipality who participates in the Fund with | 4 | | respect to that position must maintain a log of time worked in | 5 | | that position and file the log with the authorized agent | 6 | | semi-annually. To support participation in the Fund, the log | 7 | | must show that the member works in that position at least 600 | 8 | | hours annually (or 1000 hours annually in a participating | 9 | | municipality that has adopted a resolution pursuant to | 10 | | subsection (e) of Section 7-137 of this Code). The log shall be | 11 | | made available to the Fund upon request and shall be maintained | 12 | | by the authorized agent for at least 5 years after the log is | 13 | | filed with the authorized agent.
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